26 Feb 2021 12:32 PM GMT
England was in height of civil war on 23rd November 1664. Famous writer John Milton was questioning the license Raj for printing books in historic writing of pamphlet called Areopagitica. Milton says: God endowed every person with the reason, free will, and conscience to judge ideas for themselves, so the ideas in a text should be rejected by the reader's own choice, not by a...
England was in height of civil war on 23rd November 1664. Famous writer John Milton was questioning the license Raj for printing books in historic writing of pamphlet called Areopagitica. Milton says: God endowed every person with the reason, free will, and conscience to judge ideas for themselves, so the ideas in a text should be rejected by the reader's own choice, not by a licensing authority.
We have the history of Galilieo Galilei prosecuted by Church, 400 years ago for having said that the earth orbits the Sun against the religious belief. He was first summoned by the Roman Inquisition in 1616. He was warned not to espouse heliocentrism. Year 1616 ihas another similar historic incident of religious power harassing a scientist. The Church banned Nicholas Copernicus book "On Revolutions of the Celestial Spheres" published in 1543 explaining the theory that the Earth revolved around the Sun.
Today we are hearing the news that permission of Ministry of External Affairs is needed for international webinars on science and other subjects. Article 19(1)(a) of our Constitution guarantees the independence of expression, i.e. freedom to publish without prior license, and Article 51A (h) says it shall be the duty of every Indian to develop the scientific temper, humanism and the spirit of inquiry and reform. This right and duty are also part of personal liberty within right to life under Article 21. The Union government, on January 15, 2021 made it mandatory for academics and organizers to obtain prior clearance from the Ministry of External Affairs (MEA) to hold international webinars or online seminars on various topics touching on (a) India's security, (b) internal issues and on (c) subjects the government believes are sensitive.
The guidelines dictate that when giving permission to hold the online event, the government has power to ensure the subject matter is not related to the country's Northeast States – considered sensitive due to a long history of insurgency – the Union Territory of Jammu and Kashmir and the Ladakh region which saw clashes between Indian and Chinese troops in 2020.
Curbs on freedom under (a) is very much required, but, on other two (b) and (c) amounts to 'pre-censorship' of spreading of academic knowledge, through debate and discussion. 'Sensitive' subjects include 'political, scientific, technical, commercial, personal subjects with provisions of sharing of data in any form: presentations'. Earlier permissions were required to personal visits of foreign speakers.
This is extended to virtual conferences while adding 'inclusive' expressions like 'India's internal matters'. The subject (c) i.e., "subjects the government believes are sensitive" is very expansive, wide and can include anything.
The set of guidelines also mandate that the participants are expected not to broach issues related to India's 'internal matters' or state security. The MEA approval will be required if these specific issues are likely to be debated at the international conference, the guidelines say. It is clear that MEA may not approve if such subjects are proposed, because once the debate is launched, it could be surely an analysis of entire issue. The Government also wants the names of all participants to be submitted in advance for the approval.
The Ministry of Education has revised guidelines and issued after consulting the Ministry of External Affairs, which came into effect immediately after an Office Memorandum was notified on January 15. While we are ready for internationalizing market and trade, the Governments are unwilling to accept the criticism from beyond the borders of 'nation'.
After this, the public funded universities, professors, and administrators will now have to get prior approval from the ministry of external affairs (MEA) if they want to hold online international conferences or seminars that are centred around issues relating to the security of the Indian state or which are "clearly related to India's internal matters".
With freedom index falling, the rulers further pushing it down by imposing curbs on debate in international webinars. Imposing restrictions on real seminars is difficult, but limiting the webinars is possible with controls on internet and Information & Communication Technology. India's reputation is already down because of frequent shut downs of internet and blockade of mobile communications.
Scientists wanted withdrawal of guidelines
These rules govern online conferences, seminars and training programmes. It is mandatory to obtain clearance from MEA to invite scientists at the highest grades of seniority. These rules cover the conferences organized by publicly funded institutions. Many scientists also criticized these limitations on free scientific discussion at international for a. The President of Indian Academy of Sciences (IAS) Partha Majumdar wrote a letter to Education Minister Ramesh Pokhriyal requesting withdrawal of guidelines. This academy IAS "considered that the provisions of OM to be overly restrictive, lacking in clarity, and detrimental to the progress of science in India, including capacity building. We strongly urge upon you to withdraw the blanket restrictions and the requirement of permission on the organization of scientific discussion meetings and scientific training programs in India" said Majumdar. National Academy of Sciences and Indian National Science Academy also supported the stand of the IAS.
The American Historical Association, the largest organization of professional historians in the world, with over 11,000 members spanning the globe, expressed grave concern about this policy requiring Indian scholars and administrators to obtain prior approval from the MEA for their intended virtual international conferences, seminars, or trainings.
The AHA felt that this new policy is likely to affect a wide range of scholarly exchanges that are critical to the free international expression of ideas. By monitoring and potentially censoring or cancelling the virtual and online communications of scholars in India, the Ministry of Education threatens the very foundation of those exchanges. AHA further says: "The policy puts Indian scholars at a disadvantage in ongoing discussions among scholars in all disciplines, including history. It also deprives scholars in other countries (including members of the American Historical Association) of the benefits of the knowledge and insights that Indian scholars bring to the table. The AHA strongly maintains that government agencies should not intervene in the content of scholarly exchange. Such intervention would constitute arbitrary censorship and violate the principle of academic freedom." Finally AHA said: "On behalf of this international network of scholars, we respectfully urge a reconsideration of the policy requiring Indian scholars and administrators to receive prior government approval for online or virtual academic conferences". This letter was also signed by American Anthropological Association, American Sociological Association, American Studies Association, Central European History Society, College Art Association, Society of Biblical Literature and World History Association.
JNU Professors oppose
The new restrictions mean academics and research scholars would be under pressure not to raise subjects or issues which could be construed as affecting 'national security', as explained by Prof. Alka Acharya, of the Centre for East Asian Studies, School of International Studies, Jawaharlal Nehru University (JNU), New Delhi, who is an expert on Chinese studies. She further told University World News; "Everything can potentially have implications for security and organisers will be under great pressure to also screen participants who are known to have critical positions. This will certainly have an impact on free and frank discussions."
The discussion on the subject itself could not be presumed as threat to security of the nation. Even if the analysis is critical, it does not mean that debate is against the interests of nation. In fact factual analysis and appraisal of possible consequences is in the national interest. It will improve the understanding of the issue and help in developing the proper policy. She felt fundamentally, that is the aim of a debate, but states and governments may think otherwise. So the overall impact will be largely of a dampening kind.
Nandini Sundar, Professor of Sociology in JNU apprehended: "Soon, no Indian academic will be allowed to log into a seminar or talk held elsewhere in the world without approval." On the Twitter media, she said that "everything in the social sciences is 'sensitive' and touches on India's 'internal matters'." Restrictions on foreign researchers Recently in November Prof Sundar attended a webinar on academic freedom in India organised by the United States-based organisation "Scholarsat Risk". She said "it was becoming harder for foreign research scholars to get research visas to India, and for a long time at my university we have not been able to have any seminars on Kashmir or on Naxalism". Visas for participants in university-organised conferences from countries like Afghanistan, Pakistan and China have been subject to particular scrutiny for some time. However, participants denied a visa have in the past been able to participate via video link. Now the new guidelines would enable the Government to prevent virtual participation also. India does not stop the export of iron ore and such raw material to China, and import of various goods, as that agreement is part of world trade arrangements. But the government had already imposed restrictions oncollaborations with Chinese institutions in 2019, requiring approval of Ministry of Home Affairs and MEA for any activities, even under existing agreements. It was also noticed that short conferences and workshops involving the participation of Chinese academics had been monitored by MEA. Besides, the collaborations with Chinese universities were further scaled down drastically under dictates of the Ministry after military clashes with China in June 2020. There was another attempt in October 2020 to prevent or restrict at the Memorandum of Understanding level itself. This time it came from the Education Ministry, which floated a plan to make it mandatory for Indian universities to obtain prior permission before signing any memoranda of understanding or holding activities with educational institutions from countries that share a land border with India – Afghanistan, Bangladesh, China, Myanmar, Nepal and Pakistan. The Government imposed restrictions earlier, on physical seminars also. Earlier guidelines required institutions to obtain authorisation for real seminars. Technology makes it easy for regulation and restriction. Technology earlier aided the spread and speed of the freedom but now becoming an easy tool in the hands of authoritarian regimes. The virtual events can be easily supervised live and inspected afterwards. They can be verified at leisure as video recordings are available. During Covid19 lockdowns and block downs, the academia were more active with the supportive facilitating technology. It was easy and really not expensive at all to organize online conferences, which accorded organisers greater freedom to invite foreign speakers. The same technology is becoming a weapon in the hands of authorities to curb such freedom. The names of all participants in such webinars will need to be approved in advance by the government.
The guidelines are, however, silent on virtual events organised by private institutions and research organisations. It does not mean that they are free. It is perhaps more easy to restrict them because of their dependence on government for permissions, land, constructions and other regulatory controls. For academics, this is an unexpected and unprecedented restriction on academic freedom. They felt the latest restrictions on online conferences would surely hamper the growth of higher education in the country and curtail academic freedom as the guidelines also require MEA approval for events funded or sponsored from overseas, or involving foreign participation, or events that touch on sensitive presentations or subjects – political, scientific, technical, commercial or personal – with provisions for sharing data in any form. Data security restrictions University World News Asia Editor Yojana Sharma in her article wrote that presentations by research scholars and academics could also come under greater scrutiny as the January guidelines also advise organisers to ensure full compliance with India's existing IT data security provisions, personal data and protection of other sensitive information, and also exercise an "appropriate level of scrutiny to identify the nature and sensitivity of data" or contents of presentations and information to be shared by the Indian side.
Another major step that India initiated was banning the IT apps of China. In fact, such a ban was not opposed because it was done for national security. The conferencing platform Zoom, which became a very popular and widely used during the Covid 19 pandemic for online webinars. But it has comeunder the spotlight for monitoring of China-related online meetings. Ms Sharma wrote that it has also been known to channel user data via Chinese servers, although it is based in the US. The ministry also mandated "judicious selection" of IT apps, platforms or a medium for interaction. It said preference should be for apps having servers not controlled, hosted or owned by countries or agencies "hostile to India", although the countries or agencies were not specified. Yojana Sharma quoted the proceedings of 'Scholars at Risk' which said: "While state authorities have a right to protect national security, they must ensure that relevant legislation and its enforcement are consistent with national and international legal obligations to protect the rights to academic freedom, freedom of expression and freedom of association." Scholars at Risk said in its most recent Free to Think 2020 report's section on India, noted and wrote a surge in incidents of authorities clamping down on academic freedom in the past two years.
Views are personal.
(Author is a Former Central Information Commissioner and Professor of Law)