Ernest J. Gaines, an American author once said, “Why is it that, as a culture, we are more comfortable seeing two men holding guns than holding hands?”
When Ramesh Bidhuri, Delhi BJP MP called a BSP MP Danish Ali “Katwe (circumcised)”, “Bhadwe (Pimp), and Ugrawadi (Terrorist)”, it looked like an Indian holding a gun against another Indian. Just after the viral video floated on social media, there was a hue and cry over this statement against a Muslim legislator. The Opposition immediately called for action against the BJP MP and requested Lok Sabha Speaker to suspend the leader. While just a day before, India was celebrating the Women’s Reservation Bill, the statement by a BJP MP changed the narrative and everyone started discussing hate speech in India. Communal comments are not new here and such a language coming from dignified legislators has been unfortunately common.
In the past nine years, India has witnessed opposition leaders like Mani Shankar Aiyyar calling PM Modi as “Maut Ka Saudagar”, Mallikarjun Kharge calling PM as “Ravan”, and TMC MP Mahua Moitra calling TDP MP Ram Mohan Naidu Kinjarapu as “Harami”. The best part about this game of slurs is that the Constitution itself gives protection to the MPs. Under Article 105 of the Constitution, Members of Parliament are exempted from any legal action for any statement made or act done in the course of their duties inside the Parliament. A defamation suit cannot be filed for a statement made in the House. It is due to this privilege, that Rakhi Birla, an MLA from Delhi enjoyed the protection of the law when she called Union Home Minister Amit Shah “Tadipar”. Similarly, one observes that the strong language used by Delhi CM Arvind Kejriwal for PM Modi like “Anpadh, Gawar” is used only in the Delhi Legislative Assembly and not outside. The video clips of the speeches are then shared across all the social media platforms and reach out to the general public, who might wonder about the ‘dignity’ of these legislators.
Mark Twain once said, “There are lies, damned lies and statistics”. Politicians across the globe lie but those lies should not cover up the reality of a nation especially if the lie is spoken to appease a community and to hide a gruesome truth. Just after the movie “The Kashmir Files” which talked about the genocide of Kashmiri Pandits was released, Delhi CM Arvind Kejriwal not only mocked the makers of the movie but also denied the genocide using the words “Jhoothi Film”. While the words were used for a movie, it was derogatory and full of hatred for Kashmiri Pandits. Earlier, he had openly abused leaders like Nitin Gadkari, Bikram Singh Majithia, Kapil Sibal, and Arun Jaitley and later wrote an apology letter, requesting to take back the defamation cases filed against him.
If strict action should be taken against Ramesh Bidhuri, then similar action should be taken against Udyanidhi Stalin for his comments on eradicating Sanatan Dharma. Calling a religion “HIV”, “AIDS”, “Dengue” and “Malaria” is not only disrespectful but also violates the fundamental rights of citizens. A citizen, including legislators, have the fundamental right to speech but also a fundamental right to propagate and worship their religion. Rights must be quantified with duties.
The concept of parliamentary privilege finds its origins in the House of Commons of Britain. In the 17th-century case known as ‘R vs. Elliot, Holles, and Valentine,’ Sir John Elliot, a member of the House of Commons, faced arrest for uttering seditious words during a debate and for engaging in violence against the Speaker. However, the House of Lords granted immunity to Sir John, asserting that words spoken within Parliament should be subject to judgment only within the parliamentary context. This privilege was subsequently codified in the Bill of Rights of 1689, a pivotal moment in which the Parliament of England firmly established the principles of constitutional monarchy.
Considering that the Modi Government has already taken steps to repeal various laws from the British colonial era, it raises the question of whether amendments should also be made to Article 105. The opposition leaders will never ask for repealing the privilege law because they know the moment, they open their mouths; they will abuse Modi and Hindu Dharma. “Charity Begins at Home” is a famous saying. The I.N.D.I.A bloc should come forward and request the NDA Government to repeal this law in the upcoming winter session of the Parliament and suggest stricter laws against Hate Speech.
(This article has been co-authored by Aditya Trivedi, an Advocate at Delhi High Court and Ritwik Mehta, a policy consultant and Founder of Niti Tantra)