From The Telegraph
By Rukun Advani
By Rukun Advani
The beauty of Israel is slain upon thy high places: how are the mighty fallen! — Bible, 2 Samuel 1: 19
A consequence of the debate generated by Delhi University’s removal of A.K. Ramanujan’s essay on the Ramayan
from its history syllabus has been, ironically, to confirm the value of
Ramanujan’s unusually exhilarating and accessible scholarship. People
who may never have heard of Ramanujan have now, because of the furore,
read him. Less established and debated has been the role of Ramanujan’s
publisher, at one moment complimented by progressive academics for
publishing works of genius, at another dragged to hinterland regional
courts by the dogmatic for the offence of publishing these same works.
Imagine a scenario in which the publisher of Darwin’s On the Origin of Species were
taken to court by a Hindu fanatic for hurting his religious sentiments
by casting doubt on Hindu beliefs about creation. Or one in which
Einstein’s publisher were taken to court by some other variety of
religious fundamentalist for disproving his belief in a universe
divinely ordered. Given the latitude offered to the frivolously
aggrieved by the Indian lower judiciary, these scenarios aren’t as
fictitious as they seem. Legally, a publisher in India who has offended a
fellow Indian by republishing the views of Darwin and Einstein can find
himself being asked to appear in a mofussil court in Kargil or
Kanyakumari. The number of offended Indians is legion, and growing by
the day, and many of these bleeding-heart illiberals can reach an
arrangement with a sub-judge on the need for self-publicizing litigation
against any publisher whose size suggests a generous settlement out of
court.
Although in
theory publishers indemnify themselves against litigation costs in their
contracts with authors, in practice it is they more than the author who
are answerable in court. This is even more so in cases where the author
is dead, or inaccessible because he is a foreigner. Given this, the
position the publisher takes in court, and in the world at large, during
times of legal assault by conservatives or fanatics is crucial in three
ways: it outlines the publisher’s worldview, ideology, and attitude; it
lays bare what the author has written and whether or not his work
should continue to be published and disseminated; it either reassures or
disillusions the reading public of the worth or absence of it in both
author and publisher.
In the
Ramanujan case, what should the publishing institution that took on his
book (and thereby bought itself respect and made good money) say to his
ghost, and to the serious reading public for which it was set up to
publish such books in the first place? How would secular, progressive
and sane sections of the reading public expect the publisher under
attack to respond? Even if we forget the book’s commercial success —
academic books sell in small numbers — isn’t there a publishing ethic
that requires a publisher, specially a big publisher, to stand by a book
and author he has taken on, and defend them, if not to the death, at
least legally, vocally, and reasonably strongly? Such expectation would
only be strengthened if the publisher happened to be a reputed
university press claiming that the very purpose of its existence was to
promote learning. How would it look if, instead of standing its ground
and defending its authors, such a press were to cave in, whine out an
apology to medievalists for having caused unintended hurt to their
religious views and promise never again to reprint supposedly offensive
books?
Cut from the
domain of the imagination to the realm of the real. A.K. Ramanujan, a
scholar so formidable that he was, for several years after his premature
death in 1993, considered irreplaceable by his department at the
University of Chicago (he was replaced many years later by D.R.
Nagaraj), writes a pathbreaking essay on the Ramayan. In it he
documents the popularity of the epic by showing how its influence on the
Indian imagination is evident in the diversity of narratives and
regional versions which it has generated. He publishes the essay,
alongside many others which argue the same view — oddly, these other
essays are not deemed offensive merely because Delhi University happens
not to prescribe them — with the University of California Press, from
which the Oxford University Press in India buys rights of republication
for South Asia.
A history
department prescribes it. A hurt Hindu, his sentiments backed up by the
sort of antagonism to ideas in which only cretinous Indian
vice-chancellors specialize, takes the publisher to court. And what does
the publisher do? Instead of preparing for a siege and sticking his
Oxford Blue banner into the battleground, the publisher grovels. He
agrees that what he has published can cause religious offence, and that
by publishing Ramanujan he has caused it. He promises in court that he
will renounce Ramanujan and not reprint the offensive essay.
Are such
reactions by a major publisher acceptable? Is this the way in which even
a small-time press, lacking the resources to fight legal battles but
intent on retaining its self-respect, would react — never mind one of
the world’s phenomenally resource-rich publishing multinational
organizations? Has OUP India not heard of Penguin’s successful defence
of D.H. Lawrence against State censorship? Or an Italian publisher’s
defence of Roberto Saviano for exposing the Sicilian mafia?
I ask this
in part because I was, 20 years back, the editor who acquisitioned and
published the Indian edition of Paula Richman’s Many Ramayanas.
And because I am, like many thinking academics and readers, dismayed by
the position taken by the book’s Indian publisher. I also ask this
because, being now a small independent publisher of scholarly books, I
recognize the enormous difficulties that mischievous litigation can
cause; and therefore, in principle, I am in fact sympathetic to any
press besieged by fanatics.
But it is
one thing to be a little publisher in a garage beset by the mob; it is
quite another to be a corporation with offices in every continent and
equipped with a whole legal department experienced in dealing with
hurlers of footwear. Its press is Oxford University’s single largest
donor to the university coffers. If the OUP were on sale, even Rupert
Murdoch would have to check with his bank if he had the money to buy it.
If the OUP were a bank, it would be asked to rescue Greece and save the
euro. Given its financial worth, how can such a publisher seem so
oblivious of its own intellectual and cultural worth, specially in
India, a country with universities round every corner but without even
one functioning university press? Why doesn’t this, of all publishers,
empty its massive coffers just by the little that’s required to employ a
security agency, protect its employees, put steel on its windows — and a
little into its spine?
The
Ramanujan case is not, unluckily, the only instance which shows OUP
India crawling when asked to bend. A brief foray into publishing history
shows a consistency in their response pattern when assaulted by
numbskull vice-chancellors and their ilk. A few months before I left the
OUP, I had signed on an excellent legal monograph by the German legal
sociology scholar, Hans Dembowski. In 2001, soon after publishing his
book, Taking the State to Court, OUP India apologized to the
Calcutta High Court and withdrew the book instead of defending either it
or the author (a first-rate German scholar who later put the book
online). Two years later came the James Laine controversy. Same
brick-throwers, same response: book withdrawn, apology tendered,
academics left feeling betrayed.
The case for
mounting a defence of Dembowski and Laine earlier, and Ramanujan now,
is not just very strong, it is absolutely required. It ought to be any
self-respecting press’s first response to say it will defend what it has
published. Unfortunately, the OUP’s actions in court, and vis-à-vis
its own scholarly constituency, seem to suggest the philosophy of a
myopic accountant who sees books as fodder for a cash till, not as
ideological artefacts by great writers who can feel either supported or
betrayed. In all these cases, the publisher’s instinctive reaction seems
to have been to apologize and withdraw the book. In fact, both the
Bombay High Court and the Supreme Court threw out Maharashtra state’s
case against Laine —but much after OUP’s instant apology and withdrawal
of the book. It would seem excusable, though far from commendable, if a
small press were to try worming its way out of prolonged and crippling
litigation; but if, in addition to being big, you’re the pre-eminent
scholarly publisher in your world, your every move is a statement of
your ideology and must be carefully thought through. If a publisher with
enormous resources sidles apologetically out of court, it will be
interpreted as having said: “Let fascism rule, we haven’t the stomach to
fight it.”
To say this,
even implicitly, can enormously injure a publishing reputation. And
this is damage that cannot be compensated for by the size of a
publisher’s holdings — as Rupert Murdoch has been finding out. OUP
India, which celebrates its centenary next year, is unlikely to become
India’s News of the World. But when quite a lot of people even begin to
exclaim, “How are the mighty fallen!” it would be sensible for any
publisher to listen carefully: a trickle can grow suddenly into a
deluge.
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