Tuesday January 25, 2011
ARTICLES OF LAW
By BHAG SINGH
When a word used is found to be offensive, the circumstances surrounding its usage and the community involved need to be considered.
ONCE again a controversy has erupted arising out of a word in a book that some see as offensive and unacceptable, while others see it as harmless. Those who complain and object to the use of the word in the book are concerned about the negative implications and effect of the word. After all the Oxford Dictionary gives its meaning as a person who is not acceptable to society and is avoided by everyone.
However, the use of the word deserves a more detailed consideration. As was said by Raja Azlan Shah many years ago as the judge in the case of Public Prosecutor v Ooi Kee Siak & Ors: “A meaningful understanding of the right of freedom of speech under the Constitution must be based on the realities of the Malaysian society”. Of course, his lordship was concerned about a case relating to sedition as was Ong CJ in the case of Melan Bin Abdullah who pointed out that our concept of sedition went beyond the common law concept and our law gives a new and perhaps highly artificial meaning to what used to be considered as a seditious tendency.
And some 40 years ago, when speaking of the broader aspects of the Constitutional Amendment Bill relating to Sedition, the then Prime Minister was concerned with this aspect and had said that “the amendments are intended to remove certain sensitive issues”. The now 91-year-old novelist Datuk Abdullah Hussain, who has more than once been declared Sasterawan Negara, in an exclusive interview with Mingguan MStar said he wrote the novel some 40 years ago and explained his reasons and intentions as well as sincerity in writing the book, including the context in which it was done. He explains that the word pariah is not used to belittle or insult the Indian community. His statement that the book was written with care and sincerity and in the hope that the novel would become a point of reference for society, is not doubted.
Good intentionI do not think that anyone would take the view that he meant to belittle or insult the Indian community. It needs to be accepted that what was written was with good intention, and in honesty and sincerity, with malice to none. The book has obviously been around for some 40 years with no one having complained about it. However, 40 years later at a point in time when the book is made a text to be read by all Form 5 students, it has given rise to controversy. So what is the problem?
It is here that the matter takes a different complexion involving different considerations. The generation to which the novelist belongs and the time and circumstances in which it was written were different. There was then real interaction between the different races which had mutual respect for one another. Despite the serious and valiant efforts of our leaders to promote racial harmony and good relations, the population has, due to a variety of factors and policies adopted, whatever the wisdom or otherwise, become racially more polarised.
There is a bigger pool among the young and not-so-young population who have not been adequately exposed to individuals of different races or religions. There are many young people who for much of their lives have not even set down to have a cup of tea or coffee with a person of a different race or religion. Therefore, what is at issue here is a generation that does not have the same understanding or attitude towards each other, when they are of a different race and religion. Hence the ability to appreciate or understand the spirit in which the novel seeks to convey the messages, is somehow missing.
While the subject at hand arising out of the use of the word “pariah” needs to be carefully dealt with, it is also naive, on the part of those justifying its use, to merely rely on the dictionary meaning of the word. Dictionaries are after all meant to give the basic and possible different meanings that a word can convey. However, when the word is used in a particular context, its importance is not only in the dictionary meaning which one chooses but the message that is conveyed in the context of its use. The same applies to phrases.
One simple example is the word “village”. Would it be offensive or acceptable to say to someone: “Go back to your village!”? In some countries, a village is a backward, unhealthy and unpleasant place to stay in because of the poor quality of life. On the other hand, in certain countries, a village is a pleasant, healthy and prestigious place to stay in. Thus the same statement used in one country or in one society could be a source of insult or embarrassment, and in another a reason to feel pleased and proud on hearing of it. The same is true of the word “prostitute”. As a noun, it is used to mean a person who has sex for money. On the other hand, as a verb, it refers to a person who uses his skills and abilities to do things that help in earning money but other people do not respect the person because such a person is capable of doing something better.
ConclusionTherefore, the controversy that has arisen is something that our leaders need to address in the context of the circumstances of our own society. Its use may not necessarily be technically seditious but there are numerous legal provisions in codes, laws and regulations which seek to prevent use of words that are otherwise offensive. It is hoped that our leaders in their wisdom will be able to have this grievance addressed in a satisfactory manner. After all, the complaint is not about the existence of the book but its use as a text for a generation whose mindset is different from that which existed at the time the book was written.
In doing so, it would be good to bear in mind the words of Tan Sri Ghazali Jawi during a debate in Parliament some 40 years ago: He said: “What needs to be discussed are the opinions and ideas which can create a just society in our beloved country. We need to bring forth ideas to overcome this problem in the interest of our future generation. We do not want the future generation to jeer at the present one because we have failed to provide a firm footing for them.”