By TCN News,
New Delhi: Former Law Minister Shanti Bhusan demanded enactment of specific law making assaults and intimidation, perpetrated with an intent to violate freedom of expression, a non-bailable, congnisable offence entailing a minimum punishment of two years which might extend to seven years.
He was speaking at a public discussion on “Violence and Intimidation in Public Life: The Wider Dimensions” organised by South Asian Minorities Lawyers Association (SAMLA) on Saturday at the Indian Law Institute here in New Delhi.
Shanti Bhusan
Shanti Bhushan, former law minister and senior advocate, said that brazen assault on Prashant Bhushan would not deter him from expressing what he believed and that the attack was not an individual but on the values and rights enshrined in the Constitution. “However, the assault on Prashant Bhushan has once again highlighted urgent need to address use of threat, intimidation and violence to advance divisive agenda”, he said.
He lamented that successive governments have ignored this issue enabling the divisive forces to operate with impunity. “An acclaimed painter M.F. Hussain had to leave and died in a foreign country due to this apathy”, he said.
He said that perpetrators of such acts were basically goondas irrespective of their high-sounding names like Bhagat Singh Sena or Ram Sena. He pointed out that these elements, while committing such ghastly acts, ensure that the victim did not suffer any grievous injury that might lend them in jail for long time. “Therefore, it is necessary to have a law that makes such acts cognisable, non-bailable offence and ensures a minimum sentence of two years”, he said.
Eminent lawyer PP Rao said that diversity of opinion could never be a justification for physical violence and the perpetrators of the assault deserved severe punishment. He emphasised the need to improve governance and respect for human rights in the country.
He said that corruption control and electoral reforms were necessary for ensuring good governance in the country. He lamented that the country had neither speedy trial nor certainty of punishment for offenders.
Former minister Arif Mohammad Khan said that laws and political system alone could not secure freedom of expression. He said that efforts should be made to increase level of tolerance in the society.
Feroz Khan Ghazi, Secretary General, SAMLA, condemned the attack on Prashant Bhushan in his chamber on October 12. He said that this attack was on the Constitution and pluralistic character of the country. Bhushan was beaten by some members of Hindutva extremist group for allegedly supporting referendum in Kashmir.
Elaborating the objectives of SAMLA, Feroz Khan Ghazi said that the Association had been formed with the understanding that democracy in the whole of south Asia was in the interest of minorities in this region and that protection of rights of the minorities was responsibility of the majorities of the respective countries. He further said that presence of one community as a majority in one country and as a minority in another in this region afforded great opportunities for development of framework that might be utilised for promoting pluralism elsewhere.
J.H. Jafri, President, SAMLA offered vote of thanks and supported the proposal of Shanti Bhushan. He expressed hope that the government would seriously consider and enact law on the lines suggested by him. He said that such a law was necessary to ensure protection of freedom of expression in the country.