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HomeIndiaNo republication, telecast — what expunction of Pragya Thakur's Godse remark means...

No republication, telecast — what expunction of Pragya Thakur’s Godse remark means for media

BJP’s Bhopal MP Pragya Thakur made controversial remarks on Mahatma Gandhi’s assassin Nathuram Godse in Lok Sabha Wednesday. The remarks were expunged by the Speaker.

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New Delhi: BJP’s controversial Bhopal MP Pragya Thakur kicked up a storm Wednesday when she made certain remarks on Mahatma Gandhi’s assassin Nathuram Godse during a Lok Sabha debate. 

She made the remark during a discussion on the Special Protection Group (Amendment) Bill, when DMK member A. Raja cited a statement of Godse on why he killed Gandhi.

After much hue and cry, Thakur’s statement was expunged by the Speaker the same day

But what does such expunction entail? What are the remarks that can be expunged? And can the media still publish Thakur’s statement? ThePrint explains.

What does expunction mean?

Members of Parliament are expected to use “parliamentary language” during parliamentary debates. When they fail to do so, their remarks can be “expunged” or removed from the record of the House. 

Rule 380 of the Rules of Procedure and Conduct of Business in Lok Sabha empowers the Lok Sabha Speaker to order expunction of words that, in his/her opinion, are “defamatory or indecent or unparliamentary or undignified”.

The Speaker may also order expunction of remarks, which are “defamatory or insinuatory in nature or levels allegation against a high dignitary or authority or organisation”.


Also read: Pragya Thakur’s Godse comment outrages Twitterati and Trump channels his inner ‘Rocky’


What can be expunged?

In the past, the Speaker has ordered expunction of words considered to be prejudicial to national interest, prejudicial to maintenance of friendly relations with a foreign state, derogatory to high dignitaries, including heads of friendly foreign states, likely to offend national sentiments or affect religious susceptibilities of a section of the community, likely to discredit the Army, not in good taste or otherwise objectionable, or likely to bring the House into ridicule or lower the dignity of the Chair, the House or its members.

For instance, in July this year, Samajwadi Party MP Azam Khan’s “sexist remark” against BJP MP Rama Devi, when she was presiding over the Lok Sabha as the Speaker, was expunged.

In 2015, Lok Sabha Speaker Sumitra Mahajan had expunged Aam Aadmi Party member Bhagwant Mann’s comment against Prime Minister Narendra Modi during a debate on a farmer’s death at a rally in New Delhi. Mann had taken a dig at PM Modi’s monthly radio programme ‘Mann ki Baat’, demanding better policies and schemes for farmers.

In another instance, in February 2017, Jammu and Kashmir assembly Speaker Kavinder Gupta had ordered to expunge Chief Minister Mehbooba Mufti’s remarks on Article 370. Speaking in the assembly, Mufti had asserted that there can be nothing more anti-national than speaking out against Article 370, which granted special status to Jammu and Kashmir. 

In August last year, Prime Minister Narendra Modi’s remarks on B.K. Hariprasad, the UPA candidate for the post of deputy chairman of the Rajya Sabha, were also expunged from Parliamentary records.

At times, the context in which a word is spoken may also lead to expunction. For instance, calling the House a “market place” has been held to be unparliamentary

How are remarks expunged?

Remarks can be expunged inside the House on the same day, as well as outside the House later.

The Speaker, the Deputy Speaker or the Chairperson may suo motu initiate expunction of remarks that may be defamatory, indecent, unparliamentary or undignified. 

A member or a minister can also draw the Speaker’s attention to certain remarks on the basis of which the Speaker may direct expunction of such remarks. 

While the norm is that the Speaker orders expunction at the time when the remarks are uttered, the Speaker can also order expunction from outside the House if the remarks are brought to his attention or he takes note of them himself.

In any case, he is required to go through the verbatim proceedings before ordering expunction.

The Speaker’s decision is final in this regard and no appeal can be filed to any authority against his/her decision.


Also read: BJP removes Pragya Thakur from parliamentary defence panel after Godse remark


What happens once remarks are expunged?

Text of the expunged remarks do not feature in the record of the proceedings and the relevant portion appears with “….(Expunged as ordered by the Chair)” at the relevant place.

In some cases, the Speaker may also order that the expunged words be substituted by some other words to make the meaning intended by the member clearer or to mitigate the effect of the words taken exception to.

If expunction is ordered on a subsequent day, after the issuance of multi-graphed proceedings, a footnote is added to the printed debates, indicating the expunction. 

As for videos, the portions, which are expunged, are erased from the original tapes the very next day to bring it in conformity with the official report.


Also read: Pragya Thakur will wield broom to promote cleanliness — her ‘punishment’ for toilet remark


Can the media publish expunged remarks?

There are certain restrictions on the media with regard to reporting expunged remarks. 

The media is expected to take note of the orders of expunction. The Lok Sabha secretariat also sends an intimation of the same to the media. It has, however, been clarified that mere non-receipt of communication of expunction would not protect them from “the consequences” that might ensue as a result of the publication of the expunged remarks.

The Lok Sabha website makes it clear that publication of expunged portions by the press “may involve a question of breach of privilege of the House or contempt of the House arising out of such publication”.

Parliamentary privilege refers to the rights and immunities enjoyed by Parliament as an institution and by MPs in their individual capacities.

According to British Parliamentary conventions, which are followed in India as well, privileges are breached through actions that “cast reflections” on MPs through news items or statements in magazines, televisions, etc. The offending person is usually called in the House and he can then either be let go with a warning or be sent to jail.

‘Nothing can be done about whatever already published’

Former Lok Sabha general secretary P.D.T. Acharya told ThePrint that while nothing can be done about what has already been published, newsrooms need to be wary of publishing Pragya Thakur’s remarks after the expunction.

“The remark has already been broadcast to the entire world. The whole world has seen it. The Speaker then expunged it from the record, so whatever has happened has happened. It cannot be taken back,” he said.

After the expunction, Acharya added, the remarks do not form a part of the Lok Sabha record and no one can republish it.

“Nothing can be done about whatever has already been published, but no TV channel will repeat it (now) and no newspaper will carry it again,” he added.


Also read: Difference between Pragya Thakur and LK Advani is only in the shade of Hindutva


 

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2 COMMENTS

  1. Mohandas Gandhi was a great person but by no means infallible. He was not a God that we desist any criticism to him. Please read my balanced article on Mohandas Gandhi entitled ” Mohandas Gandhi Unraveled ‘ by PG Kamath.

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