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

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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.

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Jammu & Kashmir: 5 soldiers killed after Army vehicle plunges into gorge in Poonch

“Today at around 17:40 hrs (5.40 pm), an Army vehicle of 11 Maratha Light Infantry, which was on its way from from Nilam headquarters to Balnoi Ghora Post along the LoC, met with an accident near Ghora Post,” said officials.

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Five soldiers lost their lives and several others were injured when an Army vehicle veered off the road and fell into a deep gorge in the Balnoi area of Mendhar, Poonch district, Jammu and Kashmir, on Tuesday, according to officials.

The incident occurred as the vehicle, part of the 11 Madras Light Infantry (11 MLI), was traveling from Nilam Headquarters to Balnoi Ghora Post. Reports indicate that the vehicle plunged approximately 350 feet into a steep gorge near its destination.

Upon learning of the accident, the Quick Reaction Team from 11 MLI rapidly mobilized to the scene to initiate rescue operations. The injured personnel received immediate medical attention, and efforts are currently underway to evacuate them for further treatment.

In a message on X, the White Knight Corps expressed their deep condolences for the tragic loss of five courageous soldiers, stating, “All ranks of #WhiteKnightCorps extend their deepest condolences on the tragic loss of five brave soldiers in a vehicle accident during operational duty in the #Poonch sector. Rescue operations are ongoing, and the injured personnel are receiving medical care.”

“Today at around 17:40 hrs (5.40 pm), an Army vehicle of 11 Maratha Light Infantry, which was on its way from from Nilam headquarters to Balnoi Ghora Post along the LoC, met with an accident near Ghora Post,” said officials.

This incident follows a similar accident last month, where one Army personnel died and another was injured when their vehicle skidded off the road and fell into a gorge in Rajouri district, Jammu and Kashmir. This crash, which occurred on November 4 near Badog village in Kalakote, resulted in Naik Badri Lal and Sepoy Jai Prakash suffering critical injuries; Lal ultimately succumbed to his injuries while in treatment.

On November 2, another tragedy struck when a vehicle skidded off a hilly road in Reasi district, claiming the lives of a woman and her 10-month-old son, while three others sustained serious injuries.

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Over 350 Himachal Pradesh roads shut amid snowfall, 4 dead

Meanwhile, post-monsoon rainfall from October 1 to December 24 has shown a deficit of 92% of the normal level of 70.4 mm.

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In Himachal Pradesh, a significant snowfall in the past 24 hours has resulted in four fatalities and the shutdown of approximately 700 electric transformers along with over 350 roads, including three national highways. This has left around 500 vehicles stranded, among which are more than 300 buses.

The snowfall, which began yesterday, has been recorded in various districts such as Kinnaur, Lahaul and Spiti, as well as the higher elevations of Shimla, Kullu, Mandi, Chamba, and Sirmaur.

On a positive note, the situation has attracted a large number of tourists heading to Shimla and nearby areas in hopes of enjoying a white Christmas. According to MK Seth, president of the Shimla Hotel and Tourism Stakeholders’ Association, hotel occupancy in the historic town has exceeded 70%, 30% higher than usual.

Tragically, four individuals lost their lives in accidents over the last day, with several others injured due to vehicles skidding in hazardous conditions. Key national highways connecting Attari to Leh, Sanj to Aut in Kullu, and Khab Sangam in Kinnaur to Gramphoo in Lahaul and Spiti are currently blocked.

Among the affected areas, Shimla has the highest number of closed roads, totaling 89, followed by Kinnaur with 44 and Mandi with 25. The State Emergency Operation Centre reported that 683 transformers are inactive, leaving some regions without electricity.

Authorities have urged tourists to follow the advice of district officials and police, heed local guidance, and avoid driving on snowy roads. Khadrala experienced the highest snowfall, receiving 24 cm, followed by Sangla with 16.5 cm, and Shillaro at 15.3 cm. Other areas such as Chopal and Jubbal recorded 15 cm each, while Kalpa received 13.7 cm, Nichar 10 cm, Shimla 7 cm, Pooh 6 cm, and Jot 5 cm.

Manali and Dalhousie suburbs also saw snowfall since Monday, with light rain experienced in parts of the mid and lower hills. An intense cold wave is affecting the lower hills of Mandi, while cold conditions are noted in Una and Chamba.

The Meteorological Office reported dense, moderate, and shallow fog in Bilaspur, Sundernagar, and Mandi. An ‘orange’ warning has been issued for severe cold in Bilaspur, Una, Hamirpur, and Mandi, and a ‘yellow’ warning for dense fog in areas around the Bhakra dam reservoir and Balh Valley in Mandi until Thursday.

The coldest recorded temperature was in Kukumseri, Lahaul and Spiti, at minus 6.9 degrees Celsius. Meanwhile, post-monsoon rainfall from October 1 to December 24 has shown a deficit of 92% of the normal level of 70.4 mm.

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Delhi Pollution: GRAP 4 revoked in capital, NCR as air quality improves

The GRAP 4 measures were implemented in Delhi after the air quality index (AQI) hit alarming levels on 16th December 2024

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Delhi Pollution: GRAP 4 revoked in capital, NCR as air quality improves

The Commission for Air Quality Management (CAQM) today revoked Stage 4 of the Graded Response Action Plan (GRAP) across Delhi and the National Capital Region (NCR). Nonetheless, measures under stages 1, 2, and 3 will remain in force to manage pollution levels. The GRAP 4 measures have been in effect in the entire NCR since December 16 after deterioration in air quality. 

This move follows after the Central Pollution Control Board (CPCB) reported an Air Quality Index (AQI) of 401 at 8 AM. The AQI on Monday fell into the severe category, measuring 403 at 7 am. Reportedly, AQI in several areas of the national capital was also recorded as ‘severe.’

Reports said, Anand Vihar recorded an AQI at 439, 456 at Ashok Vihar, 473 at Bawana, 406 at CRRI Mathura Road and 430 at Narela. Notably, an AQI between 0-50 is considered good, 51-100 is satisfactory, 101-200 is moderate, 201-300 is poor, 301-400 is very poor, and 401-500 is severe.

The GRAP 4 measures were implemented in Delhi after the air quality index (AQI) hit alarming levels on 16th December 2024. The Air Quality Index breached the 350 mark during the day, prompting the GRAP Sub-Committee to implement Stage-III measures. On the same day, by 10 PM, the AQI soared to 401, surpassing the severe plus category threshold. According to the Supreme Court instructions, Stage-IV measures were immediately introduced to tackle the crisis.

The apex court had earlier mandated precautionary measures, requiring Stage-III actions for AQI above 350 and Stage-IV for AQI exceeding 400. These directions were reiterated on 5th, 12th, and 19th December 2024, underlining the urgency to address Delhi’s air pollution.

As Delhi continues to battle hazardous air quality, the intensified measures under GRAP Stages I, II, and III will focus on curbing pollution sources and improving monitoring. Furthermore, residents are urged to remain cautious and adhere to guidelines issued by the authorities to mitigate the impact of air pollution on health and daily life.

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