Jallianwala Bagh renovation
Opinion
On Saturday, Prime Minister Narendra Modi inaugurated the revamped Jallianwala Bagh complex in Amritsar - now renovated and presented as a ‘Memorial Park’.
The inauguration of the new, glittered and polished version of one of the oldest and most gruesome sites in India’s independence history has faced a lot of criticism from the public and opposition. Meanwhile, the Government and its supporters have been firmly defending and praising the facelift efforts.
April 13, 1919
On April 13, 1919, a peaceful crowd protested against the arrest of pro-India Independence leaders - Dr. Saifuddin Kitchlu and Dr. Satya Pal, at Jallianwala Bagh, Amritsar, Punjab.
The British Brigadier-General R. E. H. Dyer, out of vengefulness, surrounded the area with soldiers, blocked the narrow exit, and shot over 1650 rounds. This brutal open fire killed over a thousand people - men, women and young children, and seriously injured over 2000 more.
Many believe that this mournful event sparked the fire that served as a unifying force for the nation’s fight against independence.
The revamp
In 2019, the centre allocated over INR 20 Cr. for commemorating the completion of a century to the massacre. The complex was shut down for the public since February 2019 - as the Ministry of Culture focused on carrying out restoration and conservation activities in the Bagh, apart from building facilities such as toilets, ticketing counters and drinking water.
What’s new?
In its latest renovation, the memorial now entails:
4 museum galleries showcasing the Jallianwala massacre, along with projection mapping and 3D photographs & sculptures
A garden with illumination and audio notes, along with eye-catching landscaping and hardscaping
A 28 minute light and sound show, re-acting events of the day - hosted free of cost every evening
The controversy
The narrow alley leading to the Bagh, which was bombarded by the British Military, was never touched for over a century in any renovations. Built of old Nanakshahi bricks, the entrance remained as a reminder of the horrors the innocent victims must have faced. Now, the lane has been rebuilt into a gallery, leaving no trace of what was.
Think of the future
Monuments, tourist attractions and idols are centered around honouring the past and generating income and employment in the areas surrounding them. With the massacre arguably being one of the biggest moments in Indian history, the idea to generate income and attract domestic, as well as foreign tourists, helps the locals with additional income, increasing employability and empowering people in the long run.
Insult to the past
Countless historians, multiple opposition parties, celebrities, and general media have come forward and accused the government of destroying history in the name of renovation - marking this as an insult to the martyrs.
The well, in which the victims fell, has now been covered with the transparent barrier, the narrow adjourned passage is now covered with sculptures, and the light and sound show (driving chunk of the criticism) is just desensitizing of the gruesome murders.
Author’s opinion
The sentiment associated with Jallianwala Bagh is that of pain, suffering and anguish. A light and sound show often glamorizes history, making it inappropriate for the monument- especially for the sake of monetization.
The lane reminded people of those who once entered but sadly couldn’t leave. Destroying the last remains of the Bagh has now ensured that no part now remains like it once stood, with people rightly accusing it of “damaging” our history.
Right to be forgotten
Law
In July 2021, Ashutosh Kaushik (winner of Roadies 5.0 and Bigg Boss Season 2), approached the Delhi High Court (HC) seeking pleading for a direction to have removed all internet posts, videos, articles, etc., that related to his past life - primarily at the strength of a 2009 drunken driving case and an altercation in a Mumbai café in 2013.
No express right, yet!
While there is no express right in this regard, the Supreme Court (SC) has affirmed the Right to Privacy as an integral part of Right to Life under Article 21 of the Constitution, states Ashutosh. In response, Google’s lawyer reminded that India does not have a law on the right to be forgotten, ‘yet’.
What is the Right to be forgotten?
The right to be forgotten entitles individuals to have information, videos, or photographs about themselves deleted from certain internet records so that search engines cannot find them. However, Information Technology Rules, 2011 - which presently govern digital data - do not provide for anything relating to the right to be forgotten.
After the historic SC judgment in Puttasamy vs. Union of India, the Right of Privacy has now been enshrined as a fundamental right, traceable to Article 21 of the Indian Constitution.
General Data Protection Regulation (GDPR) makes the right to be forgotten a statutory right in the European Union and has been upheld by a number of courts in the United Kingdom, and in Europe.
The current storyboard
Presently, the Indian legislature contains laws protecting the identity of female and juvenile victims. There is an automatic redaction of such names in the court orders and the identity of the victim is protected by law.
Under similar parlance, the passing of the Personal Data Protection (PDP) Bill is argued. The Joint Parliamentary Committee is currently studying the PDP Bill and has reportedly sought time till this year’s Winter Session to present a report which would eventually cover the right to be forgotten.
What would the PDP entail?
Section 20 of the PDP Bill states that a ‘data principal’ (the person who generates the data or to whom the information pertains) can rightfully ask a ‘data fiduciary’ (any entity that stores or processes such data), to “restrict or prevent the continuing disclosure of his personal data" in specific circumstances.
However, the provision of this right would be enforceable only after an order would be passed by the adjudicating officer appointed under the Bill.
Some recent judgments
In April 2021, the Delhi HC passed an interim order, whereunder it directed Google and Indian Kanoon to remove a judgment pertaining to an American citizen of Indian origin. This order recorded the right to be forgotten and the right to be left alone as integral to a person’s being.
In January 2017, while deciding a Writ Petition under Articles 226 and 227 of the Indian Constitution, Karnataka HC acknowledged and upheld the following apprehension expressed by the petitioner’s daughter -
‘Should her name appear in any internet search, or if the Order passed contains the petitioner’s daughter’s name which is reflected by chance on the internet in the public domain, it would have repercussions “even affecting the relationship with her husband and her reputation that she has in the society”’.
Right to be forgotten a matter of rule in sensitive cases
The Judge concluded this to be ‘in line with the trend in the western countries’ where the ‘right to be forgotten’ is followed as a matter of rule in sensitive cases (involving women in general) and highly sensitive cases (involving rape or affecting the modesty and reputation of the person concerned) and directed the Registry to ensure that the daughter’s name is concealed.
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