Bal Gangadhar Tilak's Views On Free Speech And Sedition Continue To Be Relevant Now : Justice AS Oka

Justice Abhay Sreeniwas Oka, judge of the Supreme Court, on Saturday said during a speech that the views expressed by Bal Gangadhar Tilak on free speech and sedition continue to be relevant even now.

Justice Oka also said that Justice Mahadev Govind Ranade and Gopal Krishna Gokhale propagated liberal thoughts and that their views on economy and education continue to be relevant even after 75 years of independence.

Justice Oka was delivering a talk on the topic of the "Vision of Independent India: Ranade, Tilak and Gokhale" as part of a virtual event organised by legal news platform "The Leaflet". Senior Advocate Aditya Sondhi also participated in the discussion.  Apurva Vishwanath, Associate Editor of The Indian Express, was the moderator of the discussion. 

Highlighting that Ranade, Tilak and Gokhale were great gentlemen who devoted their lives to public service, Justice Oka said :

"Justice Ranade and Gokhale propagated more than 100 years back the importance of liberal thinking and approach. Their views on economy and education continue to guide us, and what they propounded continues to be very relevant even after 75 years of independence. I feel that we need to revisit Ranade and Gokhale for guidance and course correction. Both Ranade and Gokhale believed that reforms in our society must get priority, and they strongly felt that nothing was wrong if the reforms were ushered through the British Government's laws. But, the views of Lokamanya were different on this issue".

On sedition trial of Tilak

Justice Oka elaborated on the trial for sedition which Tilak had to face for writing critical editorials against the British Rule.  Tilak, who defended himself in the trial, asserted the right to freedom of speech and expression and argued that merely voicing criticism against the government will not amount to the offence of sedition. Justice Oka read out the defence statement given by Tilak in his trial as follows :

"… … … A writer can do something more not merely represent and express. I can say something is bad; it ought to be remedied. I have to write. I have a right to do that and as I find fault it is only natural some ill feeling is created. We are not all saints. So in disapprobation some ill-feeling is implied necessarily. Then that is the meaning of the explanation No.2.

When I say this Government is going wrong, evidently I say something which the authorities may not like. That is not sedition. If that were so, there would be no progress at all and we shall have to be as content at the end of the 20th century as we are at present. True progress lies through agitation. And you are bound to consider what the defects are pointed out and discussed and the reforms which are proposed and look to the real intention of the man The real intention and not fictitious intention which is inferred from the legal dictum that every man intends the consequences of his acts. That is the criterion. If the intention is really to reform Government it is not sedition. A man must make an attempt to excite with a view to bring Government into contempt before he is seditious. What is the wording in the section? Sedition has never been really properly defined.

I cannot conceive disapprobation without exciting some bad feeling in the minds of the hearer or the person against whom that comment is made. It is impossible to do it. That explanation is there to show that we allow such and such liberty to the Press; or it has no meaning. I request you to take it that it has a meaning for the Legislature was certainly not unsound in mind. The Section was not meaninglessly introduced. If it has a meaning, the only meaning it can have is that a certain amount of unpleasant feeling is allowed to be created by the law."

Justice Oka explained that Lokmanya used the opportunity to address the Court to canvass his views about freedom of speech and expression, especially the freedom of the Press. He added that what Tilak stated during the trial continue to be relevant even now.

"Lokmanya was a firm believer in freedom of speech and expression. While facing both trials, he fought for the freedom of the Press and freedom of speech and expression. What he pleaded in the second trial in the year 1908 continues to be relevant 114 years after his trial", Justice Oka said.

Justice Mahadev Govind Ranade: 

Justice Oka said that Justice Ranade being an activist, a social reformer, a great human being with the highest intellect, was most importantly, a liberal and his liberal ideas and views can be seen in his writings and speeches.

He said that even with the constraints of the judicial office, his contribution to social and religious reforms was enormous.

Justice Oka pointed out that Justice Ranade once said that, slowly but surely, the progress of liberal ideas will work its way into reforming our social customs. His motto for the reforms movement was "humanise, equalise and sympathise".

Justice Oka spoke about how Justice Ranade while speaking at a Social Conference expressed his concern about the lack of importance of individual rights, the failure to understand the importance of science and technology and disrespect for women in both religions and had appealed to Hindus and Muslims to remain united.

Talking about how Justice Ranade faced criticism with dignity, Justice Oka narrated an incident from when Lokmanya Tilak wrote a very strongly worded article in his newspaper criticising Justice Ranade, and many of his well-wishers advised him not to tolerate the insult and proceed in the Court of law by filing an action for defamation.

However the response of Justice Ranade to the said suggestion according to Justice Oka was most dignified and shows his love for freedom of expression and human dignity.

Justice Ranade informed his advisors that Tilak was a great patriot and both of them were fighting for the same cause even though methods were different. He stated that if there was a legal battle between him and Tilak, the Britishers will take undue advantage, and he would instead introspect when a very independent and learned person like Tilak had found fault with him.

Justice Oka further spoke about how Justice Ranade's emphasis was on the modernisation of agriculture and setting up industries

He quoted what Justice Ranade had reportedly said in one of his lectures "We have above all to learn what is to bear and forebear to bear ridicule and insults, and personal injuries at times, and forebear from returning abuse for abuse."

Bal Gangadhar Tilak:

Justice Oka said that Lokmanya Tilak was described as "the Father of Indian Unrest" by Sir Valentine Chirol and had to face two trials for the offence of sedition for his articles and had to undergo conviction and imprisonment in both trials.

Talking about Lokmanya's role as a freedom fighter, Justice Oka said that his work, editorials in his newspapers, and speeches show his vision of an independent India.

Justice Oka said that according to one of Tilak's biographies, after he came back from England, he had reportedly said that there should be a place in India like Hyde Park where people can freely address their fellow citizens. 

Justice Oka spoke about how Tilak's views on freedom of speech and expression and freedom of the Press appeal to him.

Based on his editorials written in his newspaper Kesari, he faced two trials for the offence of sedition and he also spoke about the offence of Sedition under Section 124A of IPC. Tilak said that expressing dissatisfaction about the British Government or its officials would not amount to an offence of sedition.

While being tried for sedition, Tilak's address to the Jury is very relevant in which he had discussed the law relating to sedition and said that offending articles written by him do not excite disaffection.

Justice Oka said that Tilak had told the Jury that the issue is not about him as an individual, but it was a national question and emphasised that the liberty enjoyed by the people of England should be available to the people of India.

Gopal Krishna Gokhale :

Justice Oka said that what was vital in Gokhale's Presidential address was what he said about the concept of the Swadeshi Movement, he had explained that Swadeshi Movement is not only a patriotic movement, but it is also an economic movement.

Justice Oka spoke about how Gokhale had expressed concern that a very insignificant part of the budget was utilised for education and advocated that sense of responsibility required for running democratic institutions can be acquired only by practical training and education.Therefore, he said that the resources available in the country should be primarily devoted to the work of qualifying people through education.

He also stressed on imparting primary education on a large scale and providing industrial and technical education facilities and on the need of separating Judicial and Executive functions.

Justice Oka said that on 16th March 2011, he presented a private Bill in the Legislature providing for compulsory primary education. which was defeated on the floor of the House.

According to Justice Oka, Gokhale's struggle for compulsory education was, in a way, a significant part of the freedom struggle. Ninety-two years after that, the 86th Amendment of the Constitution came, which introduced Article 21A.

According to Justice Oka, Gokhale's liberal views are reflected in what he said about Swadeshi Movement where he was of the view that there should not be an appeal to boycott foreign goods. He believed that the word 'boycott' implies a vindictive desire to injure another and suggested that while participating in Swadeshi Movement, one should not create ill-will.

"I selected this subject as I felt that we have entirely forgotten the vision of these three great gentlemen who devoted their lives to public service. We must revisit more than century-old speeches and writings of many such great personalities, and we can learn so much from their work and vision", Justice Oka said in conclusion.

Click here to read the full text of Justice Oka's speech (Courtesy : The Leaflet)