English हिन्दी
Connect with us

India News

Criticising the country is not sedition, free speech implies right to offend: Law Commission

Published

on

Criticising the country is not sedition, free speech implies right to offend: Law Commission

It is time to rethink or even repeal the controversial provision of sedition, Section 124A, from the Indian Penal Code (IPC), the Law Commission has said.

Dissent and criticism of the government or the country are essential ingredients of a robust public debate in a vibrant democracy and an “expression of frustration over the state of affairs cannot be treated as sedition,” the Law Commission has said.

The Law Commission report said that a person should not be charged with sedition for “merely expressing a thought that is not in consonance with the policy of the Government of the day”.

Just a couple of days earlier, the Supreme Court termed dissent as the “safety valve” of a democracy, while hearing a plea against arrests of Dalit and human rights activists and intellectuals over allegations of ‘conspiring against the State’, a move that reignited the public outcry over the Narendra Modi government’s practice of stamping out any criticism and going viciously after anyone who criticizes its policies and politics.

On August 28, human rights activists Sudha Bharadwaj, Arun Ferreira, Vernon Gonsalves, Gautam Navalakha and Varavara Rao were arrested during pan-India raids by the Pune police. While the police had initially claimed that the activists were being arrested for their role in planning the Elgar Parishad event at Bhima-Koregaon in Pune, Maharashtra on December 31 and inciting the clashes between Dalits and upper caste Marathas that broke out the following day, the cops later alleged that the activists were involved in a conspiracy against the Modi government and were also aiding Naxalites.

The activists and their comrades have rubbished these allegations and claimed that they are being hounded by the police at the behest of the BJP government in the state and the Modi regime at the centre for voicing opinions that challenge the political establishment and its claims on governance.

Underlining that “singing from the same book is not a benchmark of patriotism”, the Law Commission, headed by Justice (retired) B S Chauhan said in a consultation paper on sedition law (124A IPC) that the stringent sedition law should be invoked only in cases “where intention” behind the act is to “disrupt public order or to overthrow the Government with violence and illegal means”.

The Law Commission’s consultation paper on the sedition law, thus, comes at a critical juncture.

Sedition cases being slapped against anyone criticizing the Modi government, the Prime Minister or chief ministers of BJP-ruled states, particularly on social media platforms like Twitter and Facebook, has become the order of the day.

“The Commission hopes a healthy debate will take place among the legal luminaries, lawmakers, Government and non-Government agencies, academia, students and above all, the general public, on the above issues, so that a public-friendly amendment could be brought about,” the Commission has said in its paper.

Defending the constitutionally guaranteed right to freedom of speech and expression, the panel said: “In a democracy, singing from the same book is not a benchmark of patriotism. People should be at liberty to show their affection towards their country in their own way. For doing the same, one might indulge in constructive criticism or debates, pointing out the loopholes in the policy of the Government. Expressions used in such thoughts might be harsh and unpleasant to some, but that does not render the actions to be branded seditious. Section 124A should be invoked only in cases where the intention behind any act is to disrupt public order or to overthrow the Government with violence and illegal means.”

In an unambiguous endorsement of a citizen’s right to dissent, or even offend, the Law Commission has said: “For merely expressing a thought that is not in consonance with the policy of the Government of the day, a person should not be charged under the section. Expression of frustration over the state of affairs, for instance, calling India ‘no country for women’, or a country that is ‘racist’ for its obsession with skin colour as a marker of beauty are critiques that do not ‘threaten’ the idea of a nation. Berating the country, or a particular aspect of it, cannot and should not be treated as sedition.”

The consultation paper adds further: “If the country is not open to positive criticism, there lies little difference between the pre- and post-independence eras. Right to criticise one’s own history and the right to ‘offend’ are rights protected under free speech. While it is essential to protect national integrity, it should not be misused as a tool to curb free speech. Dissent and criticism are essential ingredients of a robust public debate on policy issues as part of vibrant democracy. Therefore, every restriction on free speech and expression must be carefully scrutinised to avoid unwarranted restrictions.”

The Commission has invited public opinion on the prospect of either redefining or doing away with Section 124A in the “largest democracy of the world, considering that right to free speech and expression is an essential ingredient of democracy.” Why should India retain sedition when the British, who introduced sedition to oppress Indians, have themselves abolished the law in their country, the Commission asked.

Sedition attracts imprisonment from three years to life.

India News

3 dead, 9 hospitalised after gas leak at fertiliser plant in Maharashtra

According to police, the explosion released toxic chemical fumes.

Published

on

Three individuals, including two women, lost their lives and nine others were hospitalised following a gas leak caused by an explosion in a reactor at a fertiliser plant in Maharashtra’s Sangli district, an official said on Friday.

The incident occurred at approximately 6:30 PM on Thursday at the Myanmar Chemical Company, located in Shalgaon MIDC within Kadegaon tehsil.

Sangli Superintendent of Police Sandip Ghuge stated that the gas is suspected to be ammonia.

According to police, the explosion released toxic chemical fumes. “Approximately 12 people in the facility were affected and subsequently taken to the hospital. Tragically, two female workers and a security guard have died, while nine others are currently receiving treatment,” stated Sangram Shewale, Senior Inspector at Kadegaon police station.

Seven of the injured individuals have been admitted to Sahyadri Hospital in Karad, with five of them in critical condition in the ICU.

The deceased women have been identified as Suchita Uthale (50) from Yetgaon in Sangli district and Neelam Rethrekar (26) from Masur in Satara district, PTI reported.

Continue Reading

India News

Ahead of Delhi Elections, Arvind Kejriwal launches Revdi Par Charcha campaign to seek feedback on freebies

Arvind Kejriwal said 65,000 meetings will be held across Delhi at micro levels by the AAP leaders and workers.

Published

on

Ahead of Delhi Elections, Arvind Kejriwal launches Revdi Par Charcha campaign to seek feedback on freebies

The Aam Aadmi Party (AAP) on Friday launched a campaign with a tagline Revdi Par Charcha to seek public feedback on freebies. The campaign comes ahead of the assembly elections, which is scheduled to be held in February.

Former Chief Minister and AAP national convenor Arvind Kejriwal launched the campaign with his colleagues at the party office, saying while the opposition calls freebies as revdi, the party calls it services. This campaign will start on November 25 and will continue for 15 days until December 10, discussing the issues with common man.

Notably, the opposition has been targeting the AAP for providing free electricity, water and free public buses for women among other facilities. However, AAP feels freebies help citizens live a life of dignity.

Gopal Rai, AAP’s Delhi unit chief, said that so far, politicians used to enjoy the facilities, while citizens paid taxes. He continued that Arvind Kejriwal’s government decided that the people should also get the facilities like the politicians, adding the BJP called their attempt revdis. He said that AAP is launching the ‘Revdi Par Charcha’ campaign to discuss with the people in the city if the government should provide the facilities or not.

Launching the campaign, Arvind Kejriwal said 65,000 meetings will be held across Delhi at micro levels by the AAP leaders and workers. He said that AAP has six revdis for the people of Delhi. Mentioning that the Prime Minister and BJP have said several times that Kejriwal is providing freebies to the people that should be stopped, the former Chief Minister said that now people will now tell them if they want these six freebies.  He further concluded that if the BJP is elected here, they will stop these services immediately.

While listing the six services, the AAP national convenor said that Delhi is getting free electricity round the clock. He added that there was a time when Delhi used to see power cuts for 8-10 hours, but AAP ensured that the situation changed. He also noted that his party is providing free water, free pilgrimage to senior citizens, free bus rides to women, free world-class education and free medicine and treatments. Additionally, the pamphlet launched by Arvind Kejriwal also listed that soon the women in Delhi will get Rs 1,000 per month as well, later termed as the seventh revdi by the former Chief Minister.

Reports said that the paper will be circulated across the national capital. The paper also reads that if the reader feels they are getting huge water bills, they should not pay it. It mentioned that AAP will waive all water bills once Arvind Kejriwal is re-elected.

Continue Reading

India News

Rahul Gandhi says air pollution in North India a national emergency, tourism declining, global reputation crumbling

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

Published

on

Leader of Opposition in the Lok Sabha Rahul Gandhi on Friday said the air pollution in North India is a national emergency that needs a collective national response and not a political blame game. The Congress leader added that due to air pollution tourism is declining and “our global reputation is crumbling”.

It is a public health crisis that is stealing children’s future and suffocating the elderly, Gandhi said, adding an environmental and economic disaster that is ruining countless lives.

“As Parliament meets in a few days, MPs will all be reminded of the crisis by our irritated eyes and sore throats. It is our responsibility to come together and discuss how India can end this crisis once and for all,” the Leader of the Opposition in Lok Sabha said.

The former Congress chief said the poorest “among us suffer the most”, unable to escape the toxic air surrounding them. Families are gasping for clean air, children are falling sick, and millions of lives are being cut short, he added.

The Rae Bareli MP noted that the pollution cloud covers hundreds of kilometres. He said cleaning it up will require major changes and decisive action from governments, companies, experts, and citizens.

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

Gandhi also shared a video on a social media platform where he discussed the capital’s air pollution with environmentalist expert Vimalendu Jha. In the video, the Congress leader said he has been facing eye-burning and breathing issues and how the last week in Delhi has been terrible.

He said, “I tell my mother to leave town this month.” Jha explains to Gandhi that the sources of air pollution in Delhi are episodic and perennial. Episodic sources are firecrackers and stubble burning, which affect the month of November. “Vehicular contributes 50 per cent of Delhi’s pollution and construction-related roadside dust is another 30 per cent,” Jha said.

The Air Quality Index in Delhi has been severe since November 16, making it five consecutive days till Wednesday. On November 15, the average AQI was 396 (very poor).

Continue Reading

Trending

© Copyright 2022 APNLIVE.com