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Scrapping sedition law: fake propaganda that it is anti-national

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Scrapping sedition law: fake propaganda that it is anti-national

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By Rajesh Sinha

The entire discourse on Congress promise to scrap the sedition law, painting it as anti-national and pro-secessionist is based on a distorted picture projected successfully by the BJP to grab the initiative in setting the agenda for debate.

Section 124A that deals with sedition is only one of the ten in Chapter VI of IPC for offences against the state and scrapping it does not enable anyone to commit treason.

When the Congress came out with its manifesto promising to address a host of critical issues like jobs, minimum income guarantee, separate budget for farmers, hike in allocation for education and health, it was expected that these would set the agenda for the country in the 2019 Lok Sabha election.

However, the BJP led by Prime Minister Narendra Modi, latched on to a couple of rather innocuous points like promise to scrap sedition law and review of Armed Forces Special Powers Act in specific areas and successfully projected a distorted, twisted picture to slam the Congress as anti-national and supporter of ‘tukde-tukde gang’ (separatists intent on dividing India) and the manifesto as ‘made in Pakistan’.

The Congress released its manifesto on Tuesday, April 2. The very next day, PM Modi slammed the Congress promise to wind up the sedition law, saying the party was encouraging anti-national sentiments and strengthening the hands of secessionists.

Other BJP leaders raised the pitch and to the credit of BJP’s effective, noisy propaganda machinery and dominance in means of mass communication, aided in no small measure by a passive, lazy Congress, nationalism vs anti-nationalism was back as the talking point. So much so, that many Congress leaders became jittery and criticised the party leadership for including such points in the manifesto and providing ammunition to the BJP.

“It is suicidal to give Modi a chance to build a narrative of Congress supporting anti-nationals,” a Congress leader was reported to have said.

They had not done their home work to rebut Modi and the BJP.

The Congress manifesto has promised to scrap Section 124A of Indian Penal Code (IPC) which is about government and not about the country (‘state’), and has been misused to throttle criticism.

It says: Whoever, by words, either spoken or written, or by signs, or by 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 in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

Section 124A is only one of the ten sections, Section 121-130, in Chapter VI of IPC which deals with Offences Against the State.

Chapter VI
Of Offences Against The State
121 Waging, or attempting to wage war, or abetting waging of war, against the Government of India
121A Conspiracy to commit offences punishable by section 121
122 Collecting arms, etc., with intention of waging war against the Government of India
123 Concealing with intent to facilitate design to wage war
124 Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power
124A Sedition
125 Waging war against any Asiatic Power in alliance with the Government of India
126 Committing depredation on territories of Power at peace with the Government of India
127 Receiving property taken by war on depredation mentioned in sections 125 and 126-
128 Public servant voluntarily allowing prisoner of State or war to escape
129 Public servant negligently suffering such prisoner to escape
130 Aiding escape of, rescuing or harboring such prisoner

 

It is not as if simply removing the provision against criticising the government sets people free to commit treason or wage war against the country, as the BJP has been projecting.

It is, however, quite in line with the BJP under Modi-Amit Shah to brand opponents as anti-national and call the manifesto ‘made in Pakistan’, with their cohorts picking up the chant of ‘go to Pakistan’.

Some instances of how they projected a distorted picture”

* Addressing a rally at Pasighat in Arunachal Pradesh, PM Modi said, “The Congress wants to encourage those who burn the Tricolour, do not chant ‘Jai Hind’ like you and me and instead make divisive cries like “Bharat tere tukre tukre”, play into foreign hands, disrespect the Constitution and break statues of saint-like Baba Saheb Bhimrao Ambedkar.”

“Shouldn’t we have a sedition law to deal with those who work against the country and its Constitution,” he asked. The Congress wanted to scrap the sedition law, he added.

Remarking that the Congress can stoop too low to come back to power, he said, “Is it not a step to strengthen the hands of secessionists? Is the Congress with secessionists or patriots?”

* Uttar Pradesh Chief Minister Yogi Adityanath lashed out at the Congress on Wednesday for promising to scrap the law of sedition, which the party mentioned in its recently released manifesto.

Speaking at an election rally, Yogi Adityanath said, “It is shameful that the Congress in its manifesto has promised to scrap the provision on sedition, which is used against terrorists and those involved in terror activities, if the party comes to power.”

* In an interaction with villagers in Saharanpur on Wednesday morning, BJP candidate Raghv Lakhanpal said, “It appears the Congress manifesto was printed in Pakistan. Such a manifesto cannot be printed by Indians.”

“The Congress has said they will repeal sedition law. Shouldn’t there be a law to punish those who raise slogans like ‘Bharat Tere Tukde Honge’,” Lakhanpal added.

Even the law commission recommended doing away with the Colonial era relic not too long ago. In August 2018, the commission invited public opinion on the repeal or restructuring of Section 124A saying the right to free speech and expression was an “essential ingredient of democracy”.

In a consultation paper published later, the Centre’s top legal advisory body said an expression of disappointment over the state of affairs cannot be treated as sedition and India should not retain the sedition law, which was introduced by British to oppress Indians.

Law Commission of India, Consultation paper on Sedition, Aug 30, 2018

8.1 In a democracy, singing from the same songbook 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 actis to disrupt public order or to overthrow the Government with violence and illegal means.

8.2 Every irresponsible exercise of right to free speech and expression cannot be termed seditious. 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. 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.

8.3 While it is essential to protect national integrity, it should not be misused as 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.[/vc_column_text][/vc_column][/vc_row]

India News

BJP seals Assam seat-sharing pact, Modi to hold 3 rallies in April

BJP has finalised its Assam seat-sharing plan with allies and is gearing up for an intense campaign led by PM Modi and Amit Shah.

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The Bharatiya Janata Party has finalised its seat-sharing arrangement for the upcoming Assam Assembly elections, firming up its strategy alongside National Democratic Alliance partners as campaigning gathers pace in the state.

Under the agreement, the BJP will contest 89 seats, while its allies — Asom Gana Parishad and Bodoland People’s Front — will field candidates in 26 and 11 constituencies respectively. The distribution has been decided after internal deliberations, with the focus now shifting to candidate announcements and campaign execution.

Campaign push led by top leadership

Prime Minister Narendra Modi is expected to address three rallies in Assam during the final leg of the campaign. Tentative dates for the rallies are April 1, April 3 and April 6, with events likely to be held in key constituencies.

Union Home Minister Amit Shah is also set to spearhead an extensive campaign across the state through March, aiming to energise party workers and strengthen voter outreach.

Candidate selection underway

The party’s Central Election Committee is currently meeting to finalise candidates. Sources indicate that approvals for most constituencies are expected soon, and the BJP may release its complete list of candidates within the next two days.

Ticket distribution remains a crucial exercise, with internal discussions highlighting its potential impact on local political dynamics. Party leaders have also touched upon the proposed delimitation exercise scheduled for 2027, which is expected to have long-term implications for Assam’s electoral landscape.

Polling and counting dates

Voting for all 126 Assembly seats in Assam is scheduled for April 9, while the votes will be counted on May 4.

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Mamata Banerjee warns BJP, EC over Bengal polls, says they will be accountable

Mamata Banerjee holds BJP and Election Commission responsible for any incidents during Bengal polls, raising concerns over officer transfers.

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West Bengal Chief Minister Mamata Banerjee has held the Bharatiya Janata Party (BJP) and the Election Commission of India responsible for any untoward incidents in the state during the upcoming assembly elections, following the transfer of key officials.

Addressing concerns over administrative reshuffles, Banerjee said that changes involving senior bureaucrats, including the chief secretary and home secretary, could affect governance and law and order in the state during a crucial period.

The Trinamool Congress chief also announced candidates for 291 constituencies for the elections scheduled to be held in two phases on April 23 and 29.

Criticising the Election Commission, Banerjee alleged that the transfers were being carried out in a manner that benefits the BJP. She questioned the timing of the decisions and said such actions weaken the state administration at a sensitive time.

She further raised concerns about disaster management and essential services, stating that experienced officials familiar with the state’s situation have been replaced. According to her, this could impact administrative efficiency if any emergency arises before the new government is formed.

Protecting Bengal’s identity

Banerjee emphasised that the election is not merely about forming a government but about safeguarding Bengal’s identity and existence. She accused the BJP of misusing central agencies and attempting to influence the electoral process.

She urged that elections should be conducted peacefully, without external interference, and in line with democratic principles. The chief minister also expressed confidence that her party would return to power with a stronger mandate.

Appealing to voters, she called for support for the Trinamool Congress, asserting that the people of Bengal will ultimately decide the outcome and protect their democratic rights.

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Mamata Banerjee writes to poll chief over officers’ reshuffle, calls move arbitrary

Mamata Banerjee has written to the Chief Election Commissioner, calling the reshuffle of senior Bengal officials arbitrary and raising concerns over constitutional norms.

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West Bengal Chief Minister Mamata Banerjee has written to Chief Election Commissioner Gyanesh Kumar, raising strong objections to the recent reshuffle of senior bureaucrats in the state ahead of the assembly elections.

In her letter, Banerjee described the move by the Election Commission of India as “arbitrary” and expressed “deep concern” over what she termed a unilateral decision. She urged the Commission to refrain from adopting such measures in the future.

The Chief Minister pointed out that while the Election Commission does have the authority to make administrative changes during elections, past practice has involved consultation with the state government. According to her, the Commission would typically seek a panel of officers from the state and make its selections from that list, maintaining what she called constitutional propriety and administrative convention.

Banerjee warned that bypassing this process could undermine the institutional credibility and long-standing legacy of the poll body, and may also affect the foundational principles of the constitutional framework.

The controversy stems from the Commission’s decision, taken soon after announcing election dates, to remove several top officials from election-related duties. These include the state’s Chief Secretary, Director General of Police, Kolkata Police Commissioner, and Home Secretary.

The Commission has maintained that the reshuffle was aimed at ensuring a peaceful and violence-free electoral process.

Reacting sharply, Banerjee alleged bias in the decision-making, claiming that the removal of the Chief Secretary indicated an anti-women stance. She also accused the Commission of selectively targeting officers, suggesting that the move favoured individuals aligned with the Bharatiya Janata Party.

Meanwhile, the Trinamool Congress escalated its protest, staging a day-long walkout from the Rajya Sabha earlier in the day.

Responding to the criticism, Parliamentary Affairs Minister Kiren Rijiju said the Election Commission is a constitutional authority, adding that questioning its decisions in Parliament is inappropriate and unproductive.

The Commission has appointed a new Chief Secretary in place of the outgoing official as part of the reshuffle.

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