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CONSTITUTIONAL VALUES
Dissent is not sedition !
Mamtha Sharma from
A petition seeking to quash the FIR against the principal and other
While in Karnataka, for
example, the case relating to
the sedition charges against
the principal and a teacher of a school in Bidar stands out,
instances of tribals and
celebrities facing a similar fate
across the country, are not too
uncommon. According to Sudhir Ojha, a lawyer in Muzaffarpur , the celebrities had tarnished the image of the country, ”undermining the leadership of the Prime Minister while supporting secessionists.” The lawyer had filed a case for sedition against the celebrities in Muzaffarpur following a letter they had written to Narendra Modi expressing concern over the increasing instances of mob lynching. What pained him more was their point that “ the Jai Sriram slogan had become more of a provocative war cry.” The police was prompt in filing a case. The celebrities and the tribals,however, were lucky in that the sedition cases against them were withdrawn as hastily as they were filed. Fareeda Begum , the principal of Shaheen school in Bidar, and Nazbunnisa, the mother of a student,however, were not as lucky even though they have just managed to get bail but not before spending two weeks in jail. Nazbunnisa, in particular, was arrested on charges of training her 11 year daughter to deliver “an objectionable “dialogue in the school play in the form of communal slurs against the PM.
Siraj Bisaralli (right) and Rajabaxi H V were booked under Section 505
The police arrested me and
imprisoned me for 20 days.
We are supposed to be in an elected democracy but our
state governments are using
colonial era laws to suppress
even peaceful dissent of our
own people, was his lament." Scrap the lawThe arrests and charges of sedition, however, do reiterate the fact that the law is a remnant of the colonial era which was introduced to curb protests against the British government,to go by the emerging view. Not surprising,therefore, to see repeated calls for its removal immediately. Surprisingly, though, the very parties which often demand the removal of the act from the law books, did not bother to move forward on the issue when they were in power.Obviously it suited them to retain the law as it helped them immensely. Significantly ,though, even a section of the experts well versed in law especially former judges and lawyers, differ over the controversial subject,evidenced by their strong views. Retired Supreme court judge and former Karnataka Lokayukta, Justice Santosh Hegde, for example, believes that the it is necessary to retain Section 124A on sedition as “without such laws there is a possibility of some undesirable persons making seditious statements with an effort to divide the country. “Even leading to undesirable consequences which may lead to law and order problems apart from affecting the integrity of the nation. In a write up in a national daily,he argues that one can have a difference of opinion but that should remain within the country. That should not be taken out for denigrating the country. Nationalism is something that is very sacred. Not surprisingly, he adds that after Independence, different political parties which were in power had accepted that “the sedition law is a reasonable law which has to be in the statute book. Otherwise, t h e y w o u l d h a v e r e m o v e d it.” In the same vein, he adds t h a t f r e e d o m o f expression is not absolute and is tethered to the reasonable restrictions on them under the law made by Parliament. Let us not dilute every law.Today the acquittal rates are so high that we require stricter laws than we have currently.
H N Nagamohan Das
Justice H N Nagamohan Das,
retired judge of the Karnataka
High court, on his part, argues
that the words sedition,
criminal contempt of court and
criminal defamation, must be
removed from the law book. Dissenting voices, he said , cannot be labelled “anti national “or “anti democratic” as such assertions were an attack on the people‘s commitment to protecting constitutional values. “The blanket labelling of dissent as anti national or anti democratic strikes at the heart of our commitment to protection of constitutional values and promotion of a deliberative democracy.”
D Y Chandrachud
In the present
context,however, where
protests against the CAA have
led to major controversies and
arrests leading to charges of
sedition, the recent talk by Justice D Y Chandrachud of the
apex court in Ahmedabad,
becomes significant. |