Freedom Is A Lie
Here is a delightful article I read in the newspaper.
IT professional lands in prison for no fault of his
B.S. RameshHe spent seven days in lock-up and 43 days in jail
A mobile phone operator gave his IP address to Pune police
He is fighting to get compensation from company
BANGALORE: He was one among the many youth in Bangalore engaged in the software sector. His life revolved around his work at an Information Technology (IT) major, and his interest in cricket.
But Lakshman Kailash’s small world came crashing down when policemen from Pune arrested him for a crime he never committed.
Mr. Kailash was taken to Pune, where he spent seven days in lock-up and 43 days in Yerwada Jail.
A private mobile phone operator had given his IP address to Pune police following a complaint regarding a “derogatory blog” on Maratha king Chhatrapathi Shivaji, on Orkut.
The real offenders have now been caught, and Mr. Kailash has been released from prison.
His employers, who stood by him through his ordeal, have relocated him to Chennai.
He intends to carry on his fight to get compensation from the private mobile phone operator.
“It is their communication which led to my arrest and the 50 days of incarceration,” he says.
During a chat with The Hindu on the High Court of Karnataka premises on Saturday, Mr. Kailash relived his “dark” days in jail.
He had come there to consult his lawyer for initiating action against the mobile phone operator. Mr. Kailash said that on August 30 last, he had gone to sleep after watching a cricket match, in which India was playing, till 3 a.m. Five hours later, he was woken up by eight policemen from Pune, at his residence on Airport Road.
Even before Mr. Kailash could gather his wits and ask them what wrong he had done, the police began firing questions at him and “searched” his computer.
He was told that they had received a communication from the Bangalore office of the mobile phone firm saying that the “derogatory text” on Orkut against Chhatrapathi Shivaji had come from his IP address.
Unable to comprehend what the police were talking about, he contacted his brother who stayed near Hebbal.
But the police refused to believe that he was innocent. They took him to the airport police station, and then to Pune by road.
Mr. Kailash said that he had reached Pune on September 1, and had to spend seven days in “filthy” lock-ups at two police stations there.
The bail application he filed on the eighth day of his stay there was rejected by a magistrate, and he was sent to Yerwada Jail. With bed bugs for company, sound sleep was out of the question in the jail, and it was difficult to have jail food, he said.
With 200 undertrial prisoners packed in one of the wards, Mr. Kailash said that they had to sleep with hands on their chest.
He said he had refrained from telling the inmates the reason for being jailed.
The Pune police had told him that he would land in trouble if he told others that he had made “derogatory” references to Chhatrapathi Shivaji.
Jail life was a nightmare that Mr. Kailash still cannot forget. What is more annoying is the fact that he is not even remotely connected to the “crime” for which he was picked up.
Life in a high-security jail with hardened criminals was never easy, he said. The “blog” on Orkut seems to have changed Mr. Kailash’s life forever. He says that his family and friends have been helpful and encouraged him to start life anew.
He is determined to see that others do not suffer the fate he has.
He wants to ensure that adequate safeguards are put in place so that nobody is punished for a crime he has not committed.
Now what is wrong with badmouthing Shivaji? Making ‘derogatory references to Shivaji’ is not illegal in any way. Every citizen is entitled to Freedom of Speech and Expression (which is a Fundamental Right - Article 19, Indian Constitution). What happened to this freedom?
India claims to be a tolerant country but we all know that this is completely untrue. Everything is taboo and everything is subject to moral judgement by a small group of narrow minded people who deserved a slow painful death. Intolerance is the way of life here and everything is controlled by politicians/thugs, religious fanatics and the rich. Don’t think you are safe. If this can happen to some random IT professional it can just as easily happen to you.
Welcome to India, where freedom is a lie.
June 30th, 2008 at 7:30 pm
Yeah, what’s wrong with expressing an opinion on something?
I do remember reading this article somewhere.
June 30th, 2008 at 8:35 pm
Woah, that’s is some bullshit. Those Pune police will be first up against the wall.
The states have no right to infringe upon the rights guaranteed us all by the Constitution. The government must compensate.
And what were Pune police doing arresting someone in Bangalore? How come the police are always grumbling about jurisdiction when they have to do any real work but they’ll tramp around half the fucking country to do bullshit stuff like this.
No wonder they can’t catch any criminals, they’re too busy protecting a dead man from ‘derogatory’ comments.
June 30th, 2008 at 9:06 pm
Isn’t it in the law that it is a crime to incite communal tension by such acts? If I say that Gandhi was a hypocrite who never followed the path of non violence I’d be charged for desecrating a national icon and inciting disharmony.
June 30th, 2008 at 10:58 pm
You know, you have a point. Incitement to violence is definitely a bad thing. We can see what happened to the Babri Masjid and just closing our eyes and yelling about ideals isn’t going to help.
Yeah, it’s sad that this country is populated by people who are so stupid that they identify more strongly with some crooked perception of a religion than with humanity itself. I guess that’s what really bothering me.
July 1st, 2008 at 1:31 am
Arun and George, saying derogatory things about famous people is not grounds for arrest. Only a defamation lawsuit.
However this is India and saying anything about anyone is grounds for arrest/torture/riots/murder.
July 1st, 2008 at 7:51 am
It’s not a new thing to experience in India. So many incidents are happened like this here in India. Recently one blogger got arrested for saying that “I hate s****a g*****i” and the government… According to me, India is not the correct place to express our thoughts. Even after the expression of our thoughts, those words will become of no use…. In India mostly no one will accept the truth and at the same time no one will be true… Selfish bastards and selfish bitches…..
July 1st, 2008 at 11:47 am
Haha at last this post made Selerines to think
and say that we don’t have the freedom in here.
Yipeee!
July 1st, 2008 at 4:31 pm
Marc: You’re missing the point. If I were to go around yelling that Mohammed tortured and raped Hindu maidens and that Muslims follow him, it’s not about defamation or libel any more. It’s about me trying to incite people, which is something else entirely.
When people were making inflammatory speeches at Godhra, would you have let them finish in the interest of free speech? Or would you stop them because they were inciting violence?
By the way, in India, you cannot be charged with ‘defamation’ against a dead person.
July 1st, 2008 at 9:04 pm
Whoa ! Poor guy. YES, We don’t have the bloody freedom of Speech here. Oh, until otherwise you are a politician or a cinema star.(Even thats made criticism, but thats just for the damn TRP)
July 1st, 2008 at 9:17 pm
Well, as what happened to Khushboo showed, even if you’re a cinema star you aren’t exempt.
July 1st, 2008 at 10:37 pm
Could India maintain that thin veil of secularity, if every one goes badmouthing one icon or the other? Shivaji is as much an icon as Gandhi is. But those who don’t have a political clout to back them up suffer as that blogger did. The MNS chief is a perfect example of how being a politician really serves your cause and your voice. He can send his minions to set up a stage to spread his Anti North Indian propaganda and also to beat up innocent people bloody on the streets.
July 2nd, 2008 at 3:51 pm
George, Shivaji is not a religious leader. This is politics.
By the way, in India, you cannot be charged with ‘defamation’ against a dead person.
So there is no crime.
Arun, people do badmouth each other and your veil of secularity is a joke. EVeryone knows that it doesn’t exist. Don’t compare Shivaji to Gandhi. Do you see the former on currency notes?
July 2nd, 2008 at 4:48 pm
Yes, that’s why the article has crime in inverted commas. However, states may make laws making statements against people crimes, I think. I don’t know though.
Marathis identify very strongly with Shivaji, Marc. It makes no difference here.
July 2nd, 2008 at 7:03 pm
States may do no such thing. It will be shot down by courts. But then again since this is India it is entirely within the realm of reality.
Does something said in an online community even count as slander? There are hate sites for every person and every thing on the net.
July 2nd, 2008 at 7:41 pm
Shivaji is the founder of the Maratha empire. If each state had its own way, the Maharashtra people would have had him on the currency notes.
Should I assume that you mean it’s alright to slander Shivaji and not Gandhi then?
By online community you mean Orkut? Don’t worry when Bal Thackeray comes to power Orkut will be blocked and our internet scenario will be worse than China’s.
July 2nd, 2008 at 9:42 pm
Shivaji is the founder of Maratha Empire. If every state had it’s way then the Maharashtra people would have had him on their currency notes.
Am I to assume that you mean it’s all right to slander Shivaji and not Gandhi?
July 2nd, 2008 at 10:56 pm
Shivaji was the founder of an empire that is now defunct. Maharashtra is not the Maratha empire.
It is like making fun of Lord Mountbatten and Akbar (or any other previous ruler long dead). They’re not important enough.
You assume wrongly. It’s all right to slander anyone and anything.
July 3rd, 2008 at 2:31 pm
Marc, a cursory search of the Internet proves you are right. There is no law against making derogatory remarks. Apparently, they took him into custody claiming his remarks have the potential to cause disorder which is possible. Of course, in this case the people who must be arrested are the ones who would cause the disorder.
Dude, it is not right to slander anyone and anything, either morally or legally. You simply are not allowed to slander, they can take you to court for that.
Of course the idea of slander does not enter this discussion at all because:
1. He wasn’t arrested for slander.
2. You can’t slander a dead person, not in India.
July 3rd, 2008 at 8:25 pm
Politicians make statements every day that we know will cause disorder and yet they are not arrested. One sick fucker called for Hindi suicide squads. Law is twisted to suit the purposes of the rich and powerful. The police are experts at fabricating reasons to suit their own purposes so it really doesn’t matter what you’ve done (or not done in this case) when they are out to get you.
Slander:
1. Morally right when it’s a bad guy
2. Legally right when you have money/power
July 4th, 2008 at 5:58 am
@Arun
Wtf? Why can’t I make fun of those people? It’s not like they gave us a wonderful country! We would have been better under the British anyway..
July 4th, 2008 at 10:04 pm
@ Udaya Surya
Just because you are going to London it doesn’t mean you can make seditious statements.
July 5th, 2008 at 6:46 am
@ Nalini Fucker
Yes I can. If that is the case then you must be sucking Obama’s dick now.
July 5th, 2008 at 6:47 am
Release my comment!
July 5th, 2008 at 5:16 pm
Person like Eminem come up with lyrics, like ” Let me Pee on the Lords of the white House “. And still nothing happens to him. Thats freedom of speech.
Where as in India if a girl walks up to a police and complaints, a guy said ” I love you to me” then the police doesn’t even think about it and beat the hell out of the guy. As if he had slaughtered someone.
July 5th, 2008 at 10:50 pm
@ Udaya Surya
Why would I, Guv? I never said Americans are great and shit gold. It’s Obama who’s got to eat that shit back of what he had to say about the threat we pose Americans with unemployment. And he has already. Without us, they are naught.
July 6th, 2008 at 1:59 am
I, umm, don’t think she loves you, dude.
July 6th, 2008 at 4:42 pm
Gowtham, that is the point. You can make fun of anyone and get away with it in developed countries.
Arun, you are talking rubbish about unemployment and outsourcing.
July 7th, 2008 at 9:10 pm
@Nalinifucker
Stop trying to be patriotic. Our country is shit. Accept it. You can’t even get educational loan without showing property when our finance minister said they should give us and that he had allocated 2000 crores for it.