HISTORY OF FREEDOM OF THE PRESS IN INDIA AFTER INDEPENDENCE

The history of freedom of the press before India’s independence was characterized by a swing between imposition and relaxation of restrictions on the press. The attitude to the press depended on the personality and values of those in power at that time. The swing from freedom of the press to control of the press has persisted in the post-independence period again depending on the personality and values of those in power.

Before independence, the attitude to the press depended on the Governor Generals and Viceroys in power and after independence, the attitude to the press depended on the Prime Minister at that time.

In the post-independence era the press enjoyed a large measure of freedom because Pandit Jawaharlal Nehru, the first Prime Minster of India was a liberal who realized that for the successful functioning of democratic set-up, the freedom of the press was absolutely necessary.

Nehru had a liberal outlook. He was a democrat and welcomed criticism, whether it was from political parties or from newspapers. During his regime, the press was tolerated as he was quite generous in overlooking and ignoring its criticism of his government’s policies and programs. To him, criticism was a way in which the working of the government could be improved and so not only to be tolerated, but also to be encouraged.

Knowing the dangers of arbitrary government in the absence of free press, Nehru once said: “To my mind the freedom of the press is not just a slogan from the larger point of view, but it is an essential attribute of the democratic process. I have no doubt that even if the Government dislikes the liberties taken by the press and considers them dangerous, it is wrong to interfere with the freedom of the press. I would rather have a completely free press with all the dangers involved in the wrong use of that freedom than a suppressed or a regulated press”

Although Nehru was a liberal and believed in freedom of the press, but he was forced to enact laws curbing freedom of the press after independence in order to check increasing writings with communal overtones. He found that the press was contributing to the already difficult situation created by the partition of India on communal lines. On October 23, 1951 he got new Act passed called “The Press Objectionable Matters Act”. It was similar to the legislation passed during the British regime in 1908, 1910, 1930 and 1931. This Act was a reflection of Nehru’s concern over the newspapers’ role in rousing communal discontent in India. Objectionable matters included any words, signs, or visible representations which were likely to incite or encourage any person to resort to violence or sabotage for the purpose of overthrowing or undermine the Government, or to interfere with supply and distribution of food or other essential commodities or services. The passaging of this act brought protest from editors and journalists throughout India. The All India Newspapers Editors’ Conference, the Indian Federation of Working Journalists (IFWJ), and the Language Newspapers Association passed resolutions protesting against the Press (Objectionable Matters) Act. Delegations and protests were made to Nehru and other members of the Government. Thus, although Nehru helped the passage of the 1951Act, he did not implement it vigorously.

Finally, in order to quiet the journalists, Nehru, in October1952, announced the formation of the Press Commission composed of distinguished personalities to look into the whole issue of the press in India. The Press (Objectionable Matters) Act was allowed to lapse in 1956. The Press Commission Report issued its recommendations in 1954.

The fact that Nehru was a liberal and did not favour the imposition of restrictions was shown during the Chinese aggression. Even during the 1961Declaration of Emergency which he called to deal with the Chinese incursions on India’s borders, the imposition of restrictions was minimal applying only to news relating to India’s defences. There was no concentrated attempt made by Nehru Government to systematically censor the press.