Political Diary
New Delhi, 6 June 2023
New Grammar
of Sedition
IS GOVT STIFLING FREEDOM?
By Poonam I Kaushish
“Off with her head,
arguments later”, ordered the Queen in Alice in Wonderland. A term synonymous
in modern India, which has come a long way from ‘Urban Naxals, Hate crimes and
Love Jihad’ to a conflict of interests masquerading as a contest of principles,
albeit Sedition law.
The
Law Commission has recommended retaining contentious Section l24A of IPC dealing
with sedition as the continued existence of Government established by law is an
essential condition for the security and stability of the State. In this
context, repealing the 153 year-old colonial legacy, could have adverse
ramifications for the country’s security and integrity. Hence it becomes
imperative to ensure that all subversive activities are nipped in their
incipiency,” justifying its retention.
“Whoever
by words, either spoken or written, or signs, or visible representation, or
otherwise, brings or attempts to bring into hatred or contempt, or excites or
attempts to excite disaffection towards, the Government established by law,
with a tendency to incite violence or cause public disorder shall be punished.”
Further,
it increased sentence under the law to life imprisonment or up to seven years
or fine from up to three years or fine. Underscoring, its utility in combating
anti-national and secessionist elements, “radicalization” against India,
activities of Maoists and militancy in North east and J&K as it seeks to
protect the elected Government from attempts to overthrow it through violent
and illegal means.
It
suggested Government bring in model guidelines. An FIR on sedition should be
filed only after a preliminary inquiry by a police Inspector within 7 days and only
thereafter, permission shall be granted. Even as it acknowledged misuse by
politicians, it put the onus on “police’s overzeal” to please their political mai-baaps.
Adding,
“Repealing Section 124A of IPC on the mere basis that certain countries including
UK and Pakistan have done so is essentially turning a blind eye to the glaring
ground realities existing in India.”
Government said the Commission’s recommendations were
persuasive and not binding and an “informed and reasoned decision would be
taken after consultation with all stakeholders, inspired by Prime Minister Modi's “belief” that the nation
should work harder to shed “colonial baggage” including outdated laws.
Pertinently,
the Supreme Court May last had hit pause and put the law in abeyance ruling it
was not in sync with the social milieu. “We hope and expect Centre and State
Governments will refrain from registering any FIR, continuing investigation, or
taking coercive steps under Section 124A when it is under reconsideration while
granting time to the Centre to take “appropriate
steps” to review the provision.
Plainly, the Court was doing a
balancing act even as it “is cognisant of security interests and integrity of
the State on one hand and citizens civil liberties on the other, there is a
requirement to balance both sets of considerations, which is a difficult
exercise,” it observed.
Undeniably, the Commissions
finding’s go against the tenor of the Court order. In the past
few years the Court has dealt with multiple cases on sedition. In 2021, it stayed the arrest of six persons
including MP Shashi Tharoor and journalists who had FIRs registered against
them for sedition. In May the Court granted bail to an MP
who had been arrested under the law.
Aghast politicians,
activists and academics claim India is becoming the theatre of absurd. The
Section has been systematically misused. It has been used to investigate and
arrest persons even when the link to violence was tenuous. The State is using
sedition as an iron hand to curb free speech in an overreaction to people's
opinion.
The law causes a “chilling
effect” on free speech and is an unreasonable restriction on freedom of
expression, a Fundamental Right. It is contrary to the ethos and foundations of our Republic. The
Commission has given the law status of the Government as if it is the State. The
Government is installed through the people’s will, it does not represent the
State but works for the State.
Thus the sedition provision is conceptually flawed. It is
just to shut up those who agitate against Government. After 2014, there have
been more than about 13,000 cases with the accused already in jail. Out of
these only in 329 cases there has been conviction. In 2019 alone, 93 new cases
were filed across the country.
Countered the Government, “vested
interest groups are trying to enforce their agenda on various ideas and
developments and derail them. We want to save the country from their ideology
and protect India’s nationalism from multiple attacks.
Either way, India is
in the grip of self-styled chauvinism wherein critics, intellectuals or hoi
polloi are soft targets with imprudent reactions taking over debates and
calibrated decisions. Life is lived in
the slim strip called the official and every tweet, satire or defiance treated
as a monster. Big deal if this makes public discourse impoverished and
toothless.
As blinkered,
dogma-ridden debates rage on it marks a dangerous political trend of
intolerance vis-à-vis freedom of
expression and personal choices. If this trend goes unchecked society will get
dangerously dogmatic and fragmented. Think. As India marches
ahead enroute to being Atmanirbhar our
leaders need to realize in a mammoth one billion plus country there would be a
billion views and one cannot curtail people’s fundamental rights. At the same time we need to desist
from acerbic and speeches which spew hatred and narrow-mindedness.
What next? So do we pander to rabble
rousers or muzzle their voices? Notably, no licence should be given to anyone
to spread hatred or the perilous implications of their insidious out-pourings.
They need to realise a nation is primarily a fusion of minds and hearts and
secondarily a geographical entity.
Alongside, our netas need to realize criticism is a
sign of a thriving and robust democracy. Take a lesson from leaders world-wide who
are more tolerant about what’s written or depicted about them. Two classic
examples of political freedom are former US President Trump who continues to be
mercilessly satirized globally and ex-Italian millionaire-playboy-PM
Berlusconi. In UK and France people take a lot of liberties vis-à-vis their rulers.
Clearly, when taking a final call
Government and Court should keep in mind that procedural safeguards almost
never work in a country where the prosecutorial proclivity to arrest overrides
all else. An example: Police used Section 66A of the IT Act long after it was
scrapped). Moreover, conviction rates languish in single digit underlining the
scant evidence that underpins such charges.
Additionally, the Commission’s
suggestions clash with the Apex Court’s thrust on liberty and individual
freedoms as guaranteed by Article 19. Besides, Section 124A, fails to clearly
cull out the meaning of these actions, resulting in its vague interpretation.
Certainly, the State must be able to defend itself under internal and external
aggression but such action should never come at the cost of Constitutional
rights.
At some point we need
to realize that India was conceived as a democratic rather than majoritarian
country wherein all citizens have certain basic rights. When it comes to democracy, liberty of thought and expression is a
cardinal value that is of paramount significance under our Constitutional scheme.
Our democracy will not sustain if we can’t guarantee freedom of speech and
expression. What gives? ----- INFA,
(Copyright, India News
& Feature Alliance)
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