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In the matter of Sedition

 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)

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