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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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AAP targets Delhi LG with Ghajini dig over pollution row, BJP hits back

AAP’s ‘Ghajini’ dig at Delhi LG over air pollution has drawn a sharp response from the BJP, escalating the political blame game as the capital’s AQI remains poor.

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The political sparring over Delhi’s air pollution intensified after the Aam Aadmi Party (AAP) took a swipe at Lieutenant Governor Vinai Kumar Saxena using a film reference, prompting a sharp rebuttal from the Bharatiya Janata Party (BJP).

The exchange comes at a time when air quality in the national capital has shown marginal improvement but continues to remain in the “poor” category.

The trigger for the latest round of accusations was a letter written by LG Saxena to AAP’s national convener and former chief minister Arvind Kejriwal. In the letter, the LG claimed that when he had raised concerns about pollution during Kejriwal’s tenure as chief minister, the issue was played down. According to Saxena, Kejriwal had remarked that pollution becomes a topic of discussion only for a few days every year before fading from public attention.

AAP’s ‘Ghajini’ poster attack

Reacting to the letter, AAP accused the LG of shifting responsibility instead of addressing the ongoing pollution crisis. The party shared an edited image on X, portraying Saxena as the lead character from the film Ghajini, a role associated with short-term memory loss.

In the post, AAP alleged that the LG was ignoring the fact that the BJP is currently in power in Delhi and therefore accountable for managing the pollution situation. The caption accompanying the image read, “L – Low Quality; G – Ghajini,” while the poster claimed that the LG had “become Ghajini.” The visual also carried text suggesting blame being repeatedly placed on Arvind Kejriwal for rising AQI levels.

BJP’s response and counter-accusation

The BJP responded strongly to AAP’s jibe, asserting that while the present government is addressing pollution, responsibility for long-term damage cannot be ignored. Speaking to media, Delhi BJP chief Virendra Sachdeva said the party is answerable for current conditions but questioned whether it should also be held accountable for what he termed the failures of the previous AAP government over the past 12 years.

Sachdeva echoed the claims mentioned in the LG’s letter, stating that concerns over pollution were earlier dismissed as seasonal issues. He further argued that air pollution is a year-round problem and accused AAP of attempting to shift the entire burden onto a government that has been in office for only the past several months.

Referring to the ‘Ghajini’ poster, the BJP leader said that if forgetfulness was the theme, AAP should have used Kejriwal’s image instead, alleging that the former chief minister had distanced himself from his responsibilities after electoral setbacks. He added that the current administration would require time to correct what he described as mistakes made during the previous government’s tenure.

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Traffic slows in Himachal Pradesh as year-end tourist rush chokes roads to Shimla, Manali

Heavy tourist inflow during the Christmas-New Year period has slowed traffic in Himachal Pradesh, with Shimla, Manali and Dharamshala witnessing long vehicle queues.

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Shimla traffic

Traffic movement across key hill destinations in Himachal Pradesh slowed to a crawl as a heavy influx of tourists marked the year-end holiday season. Long weekends around Christmas and New Year prompted travellers, particularly from Delhi-NCR, to head towards Shimla, Manali and Dharamshala, leading to long queues of vehicles on mountain roads.

A major attraction this season is the nine-day Winter Carnival being held at the historic Ridge Ground in Shimla. The event has drawn visitors from different parts of the country, with many attending it for the first time. Tourists described the carnival as lively and enjoyable, especially for families visiting during Christmas week.

Some visitors said the festive atmosphere exceeded their expectations, while others felt the absence of snowfall slightly dampened the experience. Tourists from states including Uttar Pradesh, Punjab and Mizoram shared that snowfall during Christmas would have added to the overall charm of the hill station.

Heavy inflow of vehicles, police step up arrangements

Apart from Shimla, popular destinations such as Kullu-Manali and Dharamshala are also witnessing a steady rise in tourist numbers. Gramphu has emerged as the only snow spot currently accessible to non-4×4 vehicles, adding to the pressure on limited routes.

Police officials estimate that between 8,000 and 10,000 vehicles are entering Shimla daily during the Christmas-to-New Year period. Over the next seven days, more than three lakh tourists are expected to visit the state capital alone.

To manage traffic and ensure safety, around 400 police personnel have been deployed across sensitive and high-footfall areas. The Shimla police administration has appealed to tourists to follow traffic rules and cooperate with authorities. Officials said preparations have been made for crowd management, security checks and traffic regulation at major junctions, as congestion continues to build across the hill town.

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BJP gets its first mayor in Kerala as VV Rajesh takes charge in Thiruvananthapuram

The BJP has created history in Kerala after VV Rajesh was sworn in as Thiruvananthapuram’s first mayor from the party, ending decades of CPM control over the civic body.

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BJP

The BJP on Friday marked a historic political moment in Kerala after VV Rajesh was sworn in as the mayor of the Thiruvananthapuram Municipal Corporation. This is the first time the party has secured the mayor’s post in the state capital, signalling a significant shift in Kerala’s urban political landscape.

Rajesh’s election follows the party’s unexpected performance in the municipal elections held earlier this month, where the BJP emerged as the single-largest party by winning 50 of the 101 seats in the civic body.

Rajesh promises inclusive development across all wards

After taking oath, VV Rajesh said the focus of the new leadership would be on collective growth and inclusive governance. He stated that development work would be carried out across all 101 wards, with the aim of transforming Thiruvananthapuram into a developed city.

Rajesh secured 51 votes in the mayoral election conducted in the 100-member House, crossing the halfway mark. The CPM candidate RP Shivaji received 29 votes, while the Congress-led UDF nominee KS Sabarinathan got 19 votes. One independent councillor abstained, while support from another independent councillor proved crucial for the BJP’s victory.

Breakthrough comes ahead of key state election

The development comes less than six months before a major election in Kerala, a state where the BJP has historically struggled. The party has never formed a government in the state and has had limited legislative presence in the past.

The mayoral win also ends decades of control by the CPM over the Thiruvananthapuram civic body. The state capital is also a Lok Sabha constituency currently represented by Congress leader Shashi Tharoor.

BJP leadership targets governance overhaul

Following the swearing-in ceremony, Kerala BJP president Rajeev Chandrasekhar criticised the previous administration, alleging long-standing governance failures and corruption in the civic body. He said basic civic issues such as drainage, water supply and solid waste management had been neglected for years, and asserted that the new administration would begin work immediately to improve the city’s infrastructure.

The party has set a target of making Thiruvananthapuram one of the top cities in the country, according to Chandrasekhar.

Internal debate preceded mayoral choice

The selection of VV Rajesh as mayor followed internal discussions within the BJP. The party was reportedly divided between Rajesh and former Director General of Police R Sreelekha before consensus emerged in Rajesh’s favour. Sreelekha, who won from the Sasthamangalam ward, is known for her earlier role handling economic offence cases.

Union minister Suresh Gopi and Rajeev Chandrasekhar were present during Rajesh’s oath-taking ceremony.

Wider impact on Kerala’s political landscape

Overall results in the local body elections have posed challenges for the ruling Left Democratic Front, while the Congress-led United Democratic Front secured control of four out of six municipal bodies. Prime Minister Narendra Modi later described the BJP’s Thiruvananthapuram win as a “watershed moment,” crediting party workers for the breakthrough.

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