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Of Husain, hate and harassment

There is something terribly amiss about a social order that coerces a law-abiding 91-year-old artist — India's most celebrated painter — into leaving the country because of harassment by rank communalists and moral vigilantes. There is also something lopsided about the priorities of a criminal justice system that orders the attachment of his properties when cases against hardened criminals drag on interminably. Formally, the circumstances that led the Mumbai police to paste an attachment notice outside M.F. Husain's Cuffe Parade residence have the stamp of due legal process — a petition before a Haridwar court, the issue of summons and non-bailable warrants, proclaiming the accused as an `absconder,' and an order to attach his property under Section 83 of the Code of Criminal Procedure, 1973. The outrageousness of all this becomes plain when one considers the nature of the painter's so-called offence. The case in Haridwar relates to a tired and hollow controversy — the alleged `obscenity' of a couple of his works. Now that the police have discovered that the house is no more in Mr. Husain's name, the elements of tragic-comedy seem complete.

It is astonishing that an artist of the stature, integrity, and secular spirit of Mr. Husain continues to be harassed by malicious litigation. These cases, usually filed under Sections 153-A (promoting enmity) and 295-A (outraging religious feelings) of the Indian Penal Code, are but the legal face of a violent and orchestrated campaign waged by fundamentalist elements against creativity. Over the last few years, these fanatics have threatened the artist, ransacked his house, and defaced his paintings. Surprisingly, instead of upholding the fundamental right to freedom of expression, some lower courts have been extraordinarily tolerant in entertaining the vexatious complaints. By doing so, they have unwittingly provided a handle to the enemies of cultural freedom and liberal thought. There is little doubt that the criminal cases against Mr. Husain will fail. But the mischief-makers may have already succeeded — because the process has become the punishment, especially for a nonagenarian free spirit.

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