Bhubaneswar
Dated:
13 April 2019
Before
The Law Commission of India
In
the matter of Sedition
The
law commission of India has circulated a consultation paper on “Sedition” on 30th
August 2017, which is available in the Public domain.
In
view of such, Ganatantrik Adhikar Suraksha Sangathan, Odisha (GASS) has the
view that abolition of such undesirable section is the answer to all questions. The
Commission has put ten questions before the public to answer. We are here
giving on Q/A mode.
We, all members of GASS,
strongly believe that it is the responsibility of elected people to protect
spirit of the constitution likewise it is the rights of rest of individuals to
criticize the government if it is vitiated. So, for a country like India
Section 124 A is unwarranted.
We appeal all concerned citizens to exert
pressure on the Govt. of India to abolish such draconian law including
suggesting the law commission to recommend the union Govt. for its repeal,
sooner the better.
Reply to the Law commission on charges of
Sedition Section 124 –A of IPC
1. The United Kingdom abolished sedition laws ten
years back citing that the country did not want to be quoted as an example of
using such draconian laws. Given the
fact that the section itself was introduced by the British to use as a tool to
oppress the Indians, how far it is justified to retain s.124A in IPC?
Answer : Whether United Kingdom who had
introduced the law in 1870 in Indian Penal Code as an amendment in colonial
India has abolished sedition laws in own country in 2009 is not a matter of example.
In every democratic state such law is unwarranted and how UK tolerated upto
2009 is a matter to be thought about. Our preamble in the constitution speaks
‘we the people of India solemnly resolve to constitute sovereign socialist
secular democratic republic..’ When our preamble speaks this how a group of
people in the government elected in a transparent manner would allege others’
words as seditious. It is the responsibility of elected people to protect
spirit of the constitution likewise it is the rights of rest of individuals to
criticize the government if it is vitiated. So, for a country like India
Section 124 A is unwarranted.
2. Should sedition be not redefined in a country
like India – the largest democracy of the world, considering that right to free
speech and expression is an essential ingredient of democracy ensured as a
Fundamental Right by our Constitution?
Answer : Right to freedom of speech is not
only guaranted in the constition of India as fundamental right but also is
guaranted in the Universal Declaration of Human Rights 1948. Article 19 of our
constitution guaranted such rights. Any type of restrictions on individual
would come as a hindrance to the implementation of true spirit of constitution.
It is often seen in the past that the ruling government has used this draconian
law against those who are not agreeing with the ideology of them. Once the
political party comes to the power they should forget their own specific
ideology. They should respect the constitution first. But in practice that is
not happening. So, existence of sedition is unconstitutional.
3. Will it be worthwhile to think of an option of
renaming the section with a suitable substitute for the term ‘sedition‘ and prescribe
punishment accordingly?
Answer: No. Here, abolition of section 124 A
is the primary role of a democratic state like India. Mere change of the term
would not be helpful.
4. What is the extent to which the citizens of
our country may enjoy the ‘right to offend‘?
Answer: The constitution gives freedom of
practicing own religion, culture, language etc. It is the role of the state to
build an atmosphere where the individual would practice freely. But it is the
ruling government and its people are violating such rights. The right to offend
comes when one citizen uses its right to freedom of expression. The individual
may not have no right to offend another individual or a community. Bit the
individual has every right to criticize them who are in power and are not doing
their constitutional roles. That criticism should not counted as right to
offend.
5. At what point the ‘right to offend‘ would
qualify as hate speech?
Answer: If the freedom of expression or ‘right
to offend’ is targeted against any particular individual or community of
different religion, caste or region etc. that should be called as hate speech.
6. How to strike a balance between s.124A and
right to freedom of speech and expression?
Answer: Abolition of Section 124A will be its
answer.
7. In view of the fact that there are several
statutes which take care of various acts which were earlier considered
seditious, how far would keeping section 124A in the IPC, serve any purpose?
Answer: Our government has been using a number
of draconian acts like UAPA, POTA (earlier) for shutting up the mouth of
concerned citizens. This act is part of the same process. Its abolition is the
only answer.
8. Given the fact that all the existing statutes
cover the various offences against the individual and / or the offences against
the society, will reducing the rigour of s.124A or repealing it be detrimental
or beneficial, to the nation?
Answer: Repealing of Section 124A will be
beneficial for the society.
9. In a country, where contempt of Court invites
penal action, should contempt against the Government established by law not
invite punishment?
Answer: No. We are in a democratic government.
Here, people elect the representatives for five years. Here eminent domain
prevails where the voters or citizens give free hands to the legislatures to
formulate laws. The citizens have no rights call them back if they goes against
the constitution. So, here the citizen has every right to criticize the
government if it does not fulfill his/her wishes. So, penal action for
criticizing the government will have detrimental effect on democracy.
10.What could be the possible safeguards to
ensure that s.124A is not misused?
Answer: Abolition is its answer.
Dr. Golak Bihari Nath
President
Deba Ranjan
General Secretary
Ganatantrik Adhikar
Surakhya Sangathan, Odisha
93, (P), Acharya
Vihar, Bhubaneswar- 751013
Email (gassbhubaneswara@gmail.com)
Comments
Post a Comment