Mumbai girl arrested for Facebook post
mumbaimirror.com
mumbaimirror.com
Recent events in the country that sets the alarm bells ringing:
- Kapil Sibal (minister of communication) doesn't understand the internet. He wants active censorship of online media - http://www.labnol.org/india/censorship-in-india/20527/.
- An individual was arrested from his home at 5am due to a tweet he made alleging the son of an Indian minister was corrupt. He had 16 followers. http://www.thehindu.com/news/national/iac-volunteer-tweets-h...
And now this - both the individual who made the post on FB and her friend who 'like'd it has been arrested. This abuse of power in a country with a lot more urgent problems to solve.
This very much seems to be a generation gap between people in positions of power (politicians, bureaucrats, police) who are not used to the internet and the way it gives voice to everyone.
I can only hope that as internet becomes ubiquitous across the country, people will realize the value of free speech and the need for an uncensored internet.
Unfortunately, it is true and I fear we might have draconian laws to "regulate" Internet in India!
In any case, its a fundamental right, enshrined in the Indian Constitution. Its not really a part of the culture, even in highly educated circles. Part of that has to do with the Indian apathy towards Humanities and pursuit of pragmatism over ideology.
It is a distinctly "western" thought[1] (as is "Human Rights"[2]). I actually didn't know whether it had been imported into India, given india's rather "mixed" (east/west) history.
The concept of 'natural human rights' is also a western concept, so no, I don't think we should continue to talk like our (western) way of thinking is the 'right' way, and everyone else is 'wrong'.
Wikipedia lists "western" examples because western canon is very well documented, and this documentation is reliable and extensive enough to quote from.
My readings of Indian history have led me to accept that the freedom of thought and speech have existed, formally and legally, for at least a thousand years - particularly, read up on the times of Asoka's rule.
From my brief look, Hinduism and the Ancient greeks started talking about Freedom (and freedom of speech) at around the same time (~400BCE).
Also, long before Europe became civilized, Indian society (Hinduism) had freedom of speech [1].
Freedom of speech was ubiquitous feature of Hinduism.
Yes, there are arguments in the Western canon, but when Milton argues for freedom of expression in the Areopagitica, or Mill in On Liberty, they don't argue that you should support free speech because you're a Westerner. They don't make any special appeals to anyone's cultural situation. They make arguments that have universal application.
When you employ reasoning to advocate a principle, it does not become a territorial principle. It becomes applicable pending counterargument from anyone.
The argument that reasoning itself is a uniquely Western idea quickly becomes self-defeating. Anyone asserting anything has volunteered to follow certain logical rules of coherency, which have been derived in the West through observation, not proscription.
Demanding that others be silent, while you alone can speak, tends towards absurdity regardless of the continent upon which you happen to stand.
I was referring in particular to "Human Rights". There are a number of different ways to approach building a productive society. Human Rights are one approach, there are others. Both are rational.
Even Britain doesn't have a guarantee of freedom of speech like the US, particularly when it comes to hate speech.
The American lens is a foggy one, even excluding the fact that the rights we guarantee our citizens aren't necessarily the rights we grant citizens of other nations. It's a good thing to keep in mind.
But yes, India DOES promote the idea of freedom of expression and it's been a fundamental part of its culture for much longer than the United States has existed. Nobel prize winning economist Amartya Sen has a great book on the history of dissent in Indian history and how it's a cornerstone of India's culture and democracy: http://www.amazon.com/Argumentative-Indian-Writings-History-...
Coming to law, Religion plays a role in the law too! Because its the cheapest and fastest way to get justice compared to the traditional courts, where it may take years and your whole savings will be wiped out before you get a judgement. For example Muslims have some thing called as Personal Law: http://en.wikipedia.org/wiki/All_India_Muslim_Personal_Law_B... , Which applies to many things like marriage and especially law dealing with personal issues.
In the state of Haryana there are Khap panchayats(http://en.wikipedia.org/wiki/Khap)
With such a large country. And thousands of languages, cultures etc. Such diversity in nearly every walk of life be it clothing, food, festivals etc. You can never say/do anything signification without disappointing few people.
That's incorrect and somewhat misleading. It's rather such as - certain parts of (minor subset) some civil laws or family laws come under respective personal laws based upon religion/tribe &c. Like Hindu Marriage Act, Hindi Code Bills, various succession acts &c.
Remaining (most) part is a uniform civil code. However, it can be noted that in case of criminal matters - AFAIK - Indian constitution doesn't discriminate, in any manner, at least on paper.
Politics - both religious and generic - is embedded to everything in India, even laws. There's a landmark Shah Bano case where Supreme Court of India overruled the verdict given by Muslims' holy book which was as interpreted by clerics which is often misleading as in any religions. The interesting part here was that the court was compelled to quote from their Holy book Quran in the verdict - an aayat (like some sort of support) - as it was a very sensitive matter.
http://en.wikipedia.org/wiki/Polygamy_in_India
There are clearly different laws that apply to different religious groups when it comes to polygamy and other, as you say, family or civil laws.
I wasn't trying to say that the entire legal system in India is bifurcated (multifurcated? =P) along religious lines. I was just pointing out that while the American legal system attempts to exclude religion from the law (to varying degrees of success), Indian tradition includes laws which take into account various religious traditions and customs.
It's just a different way of treating the issue of freedom of religion in the legal system.
I just wanted to clarify the scenarios where laws are intertwined with religion, tribes or caste. Regarding the last term caste I have not been able to find any instance but have read in articles that there are such provisions.
I would like to add that your mention of Polygamy in India needs few lines - it's not enforced in India until and unless you are someone famous where people take interest out of the celebrity nature and hence state intervenes or the case/issue has blown up. It's present even in religions other than Islam. It's 'sort of' legal in most of the tribes based on tradition (this term often comes up in all sorts of legal cases in this country and is given importance) and it's common in rural areas.
[1] http://en.wikipedia.org/wiki/Fundamental_Rights_in_India#Rig...
[ The idea that poor people deserve to be able to speak their mind without going to jail is just a 'quaint American ideal.' ]
When China invaded India, the communist party in India was calling nationwide protests "in support of china" and was running "fund raising drives". That was the first time Bal Thakare turned from a cartoonist to a mass leader.
The political party was truly formed when Islamists forced the central government to change Indian constitution to apply horrible Islamic Sharia law to ensure that a 60 year old lady divorced after 40 years of marriage will not get any alimony from her rich husband. Muslims across the mumbai would then celebrate their victory by blocking the traffic and holding Namaz on streets.
Bal Thakare seemed to be the only voice weaker sections of society had that time. Yes, like all other organizations even Shiv Sena was not perfect and many times local goons and mafias joined this party for their own gains but more or less this party remains much more faithful to common people than the other parties.
1. [http://en.wikipedia.org/wiki/Shah_Bano_case] 2. [http://en.wikipedia.org/wiki/Communist_Party_of_India#Commun...]
[0] http://ibnlive.in.com/news/katju-writes-to-maha-cm-on-arrest...
Quoting the full paragraph here -
"" In the letter addressed to Chavan, Justice Katju has written: "It is alleged that she has been arrested for allegedly hurting religious sentiments. To my mind it is absurd to say that protesting against a bandh hurts religious sentiments. Under Article 19(1)(a) of our Constitution, freedom of speech is a guaranteed fundamental right. We are living in a democracy, not a fascist dictatorship. In fact this arrest itself appears to be a criminal act since under sections 341 and 342 it is a crime to wrongfully arrest or wrongfully confine someone who has committed no crime. ""
[0] https://twitter.com/sreenivasanjain
SreenivasanJain: Both girls initially sent to judicial custody, then granted bail.
SreenivasanJain: Maharashtra police HQ has ordered enquiry into girls' arrest. Says will look into merits of charges.
SreenivasanJain: IG Konkan will head inquiry. Prima facie police HQ says no basis for arresting the girls. Say local cops jumped the gun.This news is not terribly surprising, though as many have said, likely not true. It is extremely indicative of the immense gap between India and more developed nations.
Also the vandalism of the clinic definitely happened.
It's still alarming that they were vandalized over a facebook post and the police is looking into possible criminal liability.
Also, the news reports talk specifically of what sections of law the girls were booked under. Doesn't sound so fake because of that.
And Hindustan Times who say that the girls are to appear in court. http://www.hindustantimes.com/India-news/Mumbai/Mumbai-woman...
First, the girl is arrested and that's confirmed. Second, it is not for you & me to decide how people use their personal Facebook and Twitter accounts. You and I get no say in it - if they want to indulge in 'worthless debates' they should be allowed to. In addition, that should not be held against them in any sort of way.
Calling a debate "worthless" is not the same as disallowing such debates.
Just like one has the right to engage in debates (worthless or not), one also has the right to call out such debates when they are deemed worthless.
[0] https://twitter.com/sreenivasanjain/status/27045889419368448...
[1] https://twitter.com/sreenivasanjain/status/27045900751119564...
I wonder if they would even reflect upon the fact that would the supremo himself support such expressions and outbursts by his partymen and followers. No wonder the signs of the party cracking up are showing and i hope this case becomes a eye opener given that internet has got a wide reach and educates the young to chose the law makers more sensibly.
A 21 year old girl..
(fwiw I don't think there's anything wrong with that. Indian newspapers should use the local flavor, rather than trying to conform to (say) US English)
The question is not "what role does religion fulfil", but rather, "if religion wasn't there, would things have been better?". Because, e.g. many recreational drugs ALSO provide values, hope, and guidance (on one hand), and some religions like Mormonism and Scientology also provide them, but apparently forbid leaving them (read about excommunicating in either) to the point that I find unacceptable in a society.
Disregarding the obstacle of definition of religion vs. e.g. cult vs. value system[1], my opinion would be, based on observing mostly-religious states vs. mostly-secular states (like Sweden and Norway), would be that value provided by religion is a net negative.
[1] if you insist, I will say that beleief X is a religion iff there's a government of a country with >10M residents that accepts it as a religion for the purpose of its law. Specific definition is immaterial - they will all coincide for 99% of the population, and will have essentially no effect in the grand scheme of things.
Be careful. I think the general consensus about these observations is that what's happening is that less stable and secure societies tend to make people more religious, rather than that religion tends to make societies less stable and secure.
Does it help them climb out of poverty or does it only help them reassure themself the world is exactly right, their poor lives are okay, and everyone smarter than them should be stoned to death?
It seems to me that religions that prey on unstable, unsecure societies are especially nasty these days. Evolved to conquer poor societies and keep them that way!
I am not aware of this consensus, but it is entirely unrelated to my claim: The supposed benefits of religion are nil, because comparable countries that essentially eschew religion fare at least as well, and usually way better than those that do not.
I did not make any claim about the relation between stability and religion. Swedes and Norwegians, as nations, are the best educated, best nourished, among the healthiest, with virtually no crime compared to e.g. the US or Italy. What exactly are the positive benefits that you get from religion that you do not get without?
Observation: Various measures of societal health are correlated with lack of religion.
Explanation #1: Religion is bad for society.
Explanation #2: Bad society is good for religion.
Both explanations are at least somewhat plausible (religion is bad for society because believing falsehoods is morally corrosive, or because religions are full of ideas founded in old moral systems that we no longer endorse, or whatever; societal ill-health is good for religion because people in difficult situations will turn to anything that seems to offer comfort, or because when things are really hard the gods really do help, or whatever). In particular, the plausibility of explanation #2 means you can't just leap from the observation to explanation #1.
For the avoidance of doubt, I am not claiming any particular benefits for religion. I'm an uncompromising atheist myself. I just don't like plausible but unsound arguments, and "The Scandinavian countries are great places and also very irreligious, therefore religion isn't good for you" is, I think, a plausible but unsound argument: it could equally be that their irreligiousness is an effect, not a cause, of their education, good health, low crime, etc.
(On the other hand, "The Scandinavian countries are great places and also very irreligious, therefore religion isn't vital for a healthy society as some religious people claim it is" is a perfectly good argument, and one I've used myself.)
[EDITED to add, on the subject of that putative consensus: see e.g. http://edge.org/3rd_culture/paul07/paul07_index.html, a single article but one written by two of the biggest names in the field, Gregory Paul and Phil Zuckerman. "To put it starkly, the level of popular religion is not a spiritual matter, it is actually the result of social, political and especially economic conditions [...] Mass rejection of the gods invariably blossoms in the context of the equally distributed prosperity and education found in almost all 1st world democracies. [...] Mass faith prospers solely in the context of the comparatively primitive social, economic and educational disparities and poverty still characteristic of the 2nd and 3rd worlds and the US." I should perhaps emphasize that GP and PZ here are talking about the origins of large-scale popular religiosity; individuals' decisions are, well, more individual and it certainly isn't true that all religious people are that way because their messed-up societies make them look for supernatural aid.]
But I want to reiterate, that I only ever claimed "sum (religion benefits) <= 0", which I believe is equivalent to your statement that "religion isn't vital" (or rather, "religion isn't helpful"). At no way did I imply any other cause and effect relation other than the one implicit in this statement.
I guess ultimately the world would be better without religion if you only consider the negatives, but if the world is better without religion then it's also better without alcohol, drugs, cars, love, internet, business...
Seriously... Do you forget what was responsible for spreading education so rapidly around the world (give you a hint, it wasn't atheists).
There are a number of religions that are founded in rationality, and large components of others that are pure rationality. Just because you don't believe in (a) G/god doesn't mean you aren't religious. Just because you believe in a G/god doesn't mean you are irrational.
Now, if you are saying 'religion' to mean 'societal construct' or something like that, well, that is a different ballgame. Though I don't think you mean that, so the above applies.
Bottom line, the major religions of the world demand someone to suspend rationality to believe. Otherwise the followers would not be followers.
And as for educated. Perhaps there isn't a conclusive study on the subject, but it is safe to say that the more educated you are, the less likely you are to be religious, particularly fundamental. http://en.wikipedia.org/wiki/Religiosity_and_intelligence
Yes, religion is by definition irrational. Humans generally aren't very rational beings. Love is irrational, it makes us do irrational things, but I'm sure we can agree, on the balance, love is a good thing. Thus dismissing religion on irrationality grounds is not very meaningful.
I also didn't say we should dismiss religion because it is irrational, I said people who were religious were irrational. I believe that still stands.
If anyone asked, I would say we should dismiss religion because it is harmful. Harmful to our stability, harmful to our advancement, harmful to the people that follow it and harmful to the people stuck in it against their will (either country, family or society). Today the negatives of religion far outweigh any good it can do. There was a time and place for religion, but we have outgrown it.
The Middle East isn't solely a religious conflict, it's very much an ethnic one as well. Oppressive countries are oppressive, they're not liberal countries that just happened to read in a book that they should kill and maim those that worship in the wrong way. Closely knit groups (families, societies) are going to sanction deviators regardless of religion.
> And as for educated. Perhaps there isn't a conclusive study on the subject, but it is safe to say that the more educated you are, the less likely you are to be religious, particularly fundamental. http://en.wikipedia.org/wiki/Religiosity_and_intelligence
Correlation or causation? I don't really have time to read through all the studies, but St Thomas Aquinas is a good counter example of that premise, very analytical, very religious...
Should we now declare that, given that Newton, Galileo and Socrates likely had lice (the blood-sucking kind) for some part of their lives, we should consider lice a vital part of our cultural heritage and that any modern scientist should get some?
And still they think of themselves as an example for everyone to live up to.
Also can I take religion not being shoven in my face? Because where I live (Russia) this seems to be the trend despite decades of atheist state.
The problem with religions is that you can't always opt out.
On one side we have these somewhat free states driven by a set of religious values. On the other side we have totalitarian atheists regimes driven by a set of sociological principles. And in the middle we find ourselves without acces to basic rights like free speech.
I frequently ask myself how could we solve that without hurting others rights.
I wonder what fellow HNrs think about that.
So if you already have a totalitarian state (see Shah Iran) bringing in religion will make it worse, not better (the current mullah Iran).
Sadly, I don't see any good perspectives. In rich countries, the main voting power belongs to people of considerable age. And they don't use much freedoms therefore freedom is not a selling point for politicians; medical care and pensions are.
And in poorer countries you can always band together enough Red Guards to establish a totalitarian theocraty if you don't have one already.
Going against religion won't do any good to protect free speech or any other human right. You'll only gather more enemies.
Why does religion go against us, but we should not go against it? They take pride in hurting whatever I consider worthy.
I think we should not be tolerant to people who violate basic human rights. They either behave or we should find a way to catapult them away.
Because I'm advocating against that.
With that said, the story doesn't have much to do with religion. The guy who funeral they said shouldn't matter was a political leader, not a priest.
The guys that sued/prosecuted the girls did mention "hurting religious sentiments", but that was merely because that was the only semi-plausible accusation under law (since it was a funeral).
In actuality it was a political chase -- people thought they insulted their dear party leader.
(Oh, and it's not like the police arrested them for what they did. The police detained them temporarily just because they had to: that's the law when such an accusation is made, even for someone who didn't do anything).
Which is no argument at all. It's like saying, "if there weren't blacks, there would be no racism".
You can have restrictive laws based on everything, no need to single out religion. Sources of restrictive laws range from health (like the drug laws), to tolerance (no hate speech), to patriotism (too many to mention), to children (internet censorship etc).
That doesn't mean the sources are bad themselves.
He was also more of a national/ethnic leader than a religious one, with religion only serving as a convenient delineating factor for the "nation" he represented, and even then, only later in his career. He started out as a Marathi ethnic-nationalist, and then started adopting elements of Hindutva as a way of broadening his "brand" to non-Marathis.
The word is 'anticlericalism'.
I live in India and it is becoming a police state much like China, people have been arrested just for criticizing politicians on Twitter. Anything I say online can hurt anyone so I stand a risk of being arrested if I criticize even the local politician. Also, things will not improve only get worse. In other news, I am trying hard to get out of here and its not easy.
I beg to differ...
India is finding its own path, and well, it's still mostly democratic.. Much like the USA.
>>a) any information that is grossly offensive or has menacing character; or
>>b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,