FREEDOM OF SPEECH IS LIMITED NOW! By Dr Olav Albuquerque


THREE incidents need debate because they concern freedom of speech and expression. The first is about the FIR lodged against an acclaimed atheist, Datta Damodar Naik, who described temple priests as “looters” which is an offensive term. Naik remains unrepentant. He only said he should have used a more delicate expression.
But who is Datta Damodar Naik ? He is an acclaimed Konkani writer who won the Sahitya Akademi Award for his Konkani book in 2006 titled Jai ki Jui. This achievement makes us sit up and take notice of what he said and what were the repercussions. Born December 30, 1954 he is a businessman who graduated with a degree in mathematics. He inherited the family’s old, dying business of importing confectionery and biscuits.
Naik and his son now run New Millennium Bakers which produces Monginis products. They also run organic farming, logistics, real estate (Commonwealth Developers), and hospitality businesses. His first book was a socio-economic study of Canacona, followed by another on Valpoi, in 1973.
Naik has also published regular columns in Marathi publications like Sadhana and Antaarnad. After releasing many books in Konkani and Marathi, in 2015, he released his first book in English, Uncommon Wealth – A Modern Day Panchatantra which has children as its target audience.
In January 2025, to celebrate his 70th birthday, the Kerala MP and writer, Shashi Tharoor presented Naik with a painting by artist Subodh Kerkar. Naik lives in Margao. Though a Saraswat Brahmin, Naik has opposed casteism on multiple occasions. He started the Samata Andolan, a movement to work against the Saraswat organization. He has also been accused of hurting religious sentiments.
Naik was also part of organizations and civil society movements such as Lokshakti and founded and convened the Dakshinayan Abhiyan in Goa.

INDIAN PENAL CODE
THE point is that in the old Indian Penal Code, contained sections 153 (a) and 153 (b) which proscribes using words or language which create enmity between groups. Hence, whether an atheist or not, one should refrain from hurting the religious sentiments of people.
Earlier too, a Catholic priest, Fr Bolmax Pereira, from the Chicalim church, was booked for hurting the religious sentiments of a section of people because he allegedly said that Chhatrapati Shivaji Maharaj was a great national leader but not God, it aroused the ire of a section of people who do worship this icon as a deity.
A third incident was when the former RSS leader, Subhash Velingkar, was booked after demonstrations broke out all over Goa for his reported remarks about a DNA test on the sacred relics of Saint Francis Xavier, venerated by most Goans as “Goencho Saiba.” Velingkar stirred up controversy in May 2024 when he said the title of Goencho Saiba should be bestowed on Parshuram and not on Saint Francis Xavier.
He allegedly said Bhagwan Parshuram was “Goencho Saib” and opined SFX was the creation of the colonial Portuguese. Velingkar said calling Saint Francis Xavier “Goencho Saiba” was anti-national. He announced a 20-day “awareness” campaign to make Goans aware that the revered Saint Francis Xavier did not deserve the title of “Goencho Saiba.”
The right to freedom of speech and expression is guaranteed by article 19 (1) (a) which says all citizens have the right to freedom of speech and expression. This argument was used by Subhash Velingkar when he was booked for hurting the religious sentiments of Goans by his infamous “DNA” remark which he defended claiming that he was trying to promote “scientific temper.”

HYPERSENSITIVITY OF GROUPS
THE point is the right to freedom of speech and expression cannot be misused to hurt the religious sentiments of others while at the same time, different political groups cannot misuse the law by showing hypersensitivity to people who may make intemperate remarks. An atheist like Datta Damodar Naik has the right to remain an atheist and promote atheism.
Naik did not abuse any god but used an undignified epithet when he referred to temple priests. Again, these temple priests are not gods and though Naik is entitled to his opinions, he could have been more refined while commenting on religion and religious matters.
The inference we draw from these three incidents is that religion is a very sensitive matter in India, unlike Western countries like the USA which are falsely described as “Christian” because the Church has no role to play in those countries. Those countries are truly secularized because their citizens can criticize religion and priests without the fear of being sent to jail. Church attendance is in sharp decline with fewer and fewer Westerners going to church.

HEART OF MEDIA RIPPED
BE that as it may, freedom of the press which is a species of freedom of speech, is chimerical in India evidenced by the brutal murder of Chhattisgarh journalist Mukesh Chandarkar, who had his heart ripped out, a broken neck, four pieces of liver, five broken ribs, 15 fractures to the head.
This was the autopsy report of Chandarkar whose body was found two days later in a septic tank on a property owned by the journalist’s cousin, Suresh Chandarkar at Chattanpara Basti in Bijapur town. The journalist was missing since January 1 after his expose of his own cousins being involved in a Rs120 crore corruption road construction project.
This Rs 120-crore road construction work in Bijapur, in which Suresh Chandarkar was involved, was ongoing in Bijapur. Normally, journalists should not. Write about their own kith and kin. But Mukesh Chandarkar who lost his father at a young age, was brought up by his mother who died of cancer. His You Tube posts grabbed a lot of eyeballs which may be one of the reasons why he decided to go gung ho by exposing corruption at all levels. Never mind that those involved in the rot were his own cousins.
Journalism, like “ lawyering” are risky professions. The Goa Union of Journalists had announced that the Goa assembly would pass a Journalists’ Protection Act to penalize those who attack journalists while they are discharging their official duties.
BUT till now, this act has not been passed. We are still waiting to hear what has happened to this act. Goa is not Chhattisgarh or Uttar Pradesh where mafia gangs do not hesitate to murder their own kith and kin who have dared to expose them. But why announce the new law if we are not serious about enacting it?

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