Vol. XXXVI, No. 4 ISSN-0970-8693 APRIL 2016 Rs. 10 Repeal Sedition Law EDITORIAL : Rajindar Sachar Repeal Sedition Law - Rajindar Sachar (1) Recent developments in Jawaharlal Nehru University have vitiated the political atmosphere, most particularly the alleged conspiracy of a ARTICLES, REPORTS & DOCUMENTS: section of the ABVP at the behest of a local BJP legislator. The sinister Denial of Justice to Minorities in Pakistan and India - Pushkar Raj (2); Zee News Journalist twists and turns of politics is now a matter of concern. Quits in Disgust over JNU Coverage - Vishwa Public opinion is generally against the retention of the “sedition law”. It Deepak (3); Proceedings of PUCL-NAPM has even been described as an anachronism. In the original draft of the meeting on 'Repression in Educational Constitution, the law on sedition was incorporated to curb the Institutions and Misuse of Sedition Law' (7); fundamental freedom of speech and expression in exceptional ABVP Attacks Lecture on Bhagat Singh by circumstances. The provision was, however, dropped after a prolonged Prof. Chaman Lal – Vidya (9); PUCL Gujarat: debate. K M Munshi had advocated its deletion from Article 19 because Make Public M.B. Shah Commission's Report “the party system which necessarily involves an advocacy of the on 14 Cases of Corruption charges (15); replacement of one government by another is its only bulwark; the Judges and Citizens in a Constitutional advocacy of a different system of government should be welcome Democracy - Kalpana Kannabiran (18). because that gives vitality to a democracy.” TT Krishnamachari supported Munshi, saying that in the USA a similar piece of legislation PRESS STATEMENTS, LETTERS, AND became “non-functional” in 1802. NEWS: Press Statement on JNU and Related Nehru said: “Take again Section 124A of the Indian Penal Code. Now so Incidents (6); PUCL Statement: Arrest of far as I am concerned, that particular Section is highly objectionable and Human Rights Activist Debaranjan Sarangi obnoxious and it should have no place both for practical and historical (10); PUDR Press Statement: The Lynch Mob reasons. The sooner we get rid of it, the better.” of Latehar (11); Letter: Communication Alas, such words were never translated to action; they remained merely Regarding: Escalation of counter-insurgency violence on tribal people in Bastar (12); PUCL on paper. Section 124A continues to be used as a weapon of oppression Punjab: Haryana Jat Riots for Reservation in by all governments. It is also surprising that the sedition law, which was Jobs (15); Meeting of PUCL Delhi on 1st April, formulated by the British, is still mentioned in the Indian Constitution. In 2016 at GPF Delhi (17); PUCL Mysore: Britain, the law on sedition has been abolished primarily because the Statement on Mysore Communal Incidents offence is defined in vague and uncertain terms. This offends the (17) Announcement of National Executive fundamental principles of criminal law. It refers to a particular historical Meeting in Jaipur (19) context -- sovereignty in the person of the King -- which no longer holds. The law is archaic and must be done away with. Another reason that has been cited in Britain is that while certain political views may be unreasonable or unpopular, they cannot be “criminalised”. This offends democratic values. Furthermore, the definition of sedition offends fundamental freedoms of speech and expression which are universally recognised. In practice, the law is used to silence political opposition or criticism of the government. This has a “chilling effect” on free speech, it was observed by the government while abrogating the law. In the context of the turmoil in JNU, now is the right time for all parties to demand the repeal of the sedition law. Indeed, to reaffirm their bonafides, all parties should acknowledge the importance of public morality in politics, as emphasized by. Ram Manohar Lohia, the socialist leader. He had said: “Political morality requires that there should be conformity between word and deed”. And this can only be ensured if the other parties match their 407 PUCL BULLETIN, APRIL 2016 1 speeches against sedition by region. Matters were made worse worker was killed allegedly by a formally passing a resolution in the by the area's IGP, SRP Kaluri, who Muslim in Agra. He is said to have Rajya Sabha (where they have a had the temerity to remark that the encouraged VHP activists to raise majority) to repeal the law. The BJP, attack on “Soni was a part of a explosive communal slogans. Mr which is in the opposition in the conspiracy hatched by the JNU Katheria claims that his hands are House of Elders, might well criticise student, Umar Khalid”. Were the not tied simply because he is a the move as undemocratic and goons who attacked Soni hand-in- minister. He asserted that such anti-people. glove with the police? Earlier too, meetings would continue. One had A recent resolution adopted by Soni had been tortured by the expected that Narendra Modi, who various unions, representing police in Bastar. It was only after keeps himself in silent mode, would human rights and civil liberties, has PUCL moved the Supreme Court at least act quietly and dismiss the demanded that the Opposition that she was given some relief and minister from his cabinet. Nothing parties must take the initiative. Can was allowed to get medical aid at has happened. The Prime Minister we expect them to match their AIIMS, Delhi. has not even spoken on the matter, words with deeds? If they do so, the The fact of the matter is that rabid far less condemn Katheria. Such BJP will stand exposed in the elements of the RSS have now silence on the part of the Prime matter of civil liberties. become active. And they are Minister can only divide the nation. I In fact, a similar petition, certain that the Modi government feel Katheria's case is provocative demanding repeal of the sedition will not take action. Otherwise, how enough for the President to ask the law, had been sent to the is it that such provocative PM to remove him from his ministry. Congress-led UPA Government in instigation to criminal conduct is If Modi fails to do so, the President 2012. Unfortunately, it was not being overlooked by the police? A should himself dismiss the minister. even been acknowledged. This few examples will suffice: He is oath-bound to do so. I am also begs the question -- Can the The Akhil Bharatiya Hindu surprised why the UP Government Opposition now redeem its lapse Mahasabha observes Republic is quiet and has not registered a and at the same time score a Day as “black day” and November criminal case against Katheria. political point against the Modi 15, the day Nathuram Godse was This ought to have been done in the government? hanged, as Balidaan Diwas. On interest of secularism, as enshrined Such a declaration by the that day, this RSS outfit took the in our Constitution. Not to act Opposition parties has become oath, swearing to make India a suitably can incur the dismissal of direly imperative. It is intriguing that “Hindu Rashtra”. the government, as pointed out by these parties have been silent even The malaise has afflicted the the Supreme Court in the in the aftermath of the attack on the government as well. A certain Keshavanand case in 1969. human rights activist, Soni Suri, as minister in the Modi government Courtesy: The Statesman: well as lawyers of the Legal Aid attended a condolence meeting Link: http://www.thestatesman.com/ Group in Chhattisgarh's Bastar that was convened after a VHP news/opinion/repeal-seditionlaw/ 128201.html#sb3g69oY2roAYA6K.9 ❑ Denial of Justice to Minorities in Pakistan and India Pushkar Raj* Two recent legal developments sense that now Hindus in Pakistan deterrent on the pre-marriage underscore the dismal state of will be allowed to govern their civil abductions and conversions of Hindu minority in Pakistan and affairs according to their own Hindu girls. The majority of Hindu Muslims in India. While Pakistan's customary traditions and they will girls abducted, converted and parliamentary legal select be able to get their marriages married are below 13 years of age committee approved the Hindu r e g i s t e r e d a n d p r o p e r t i e s as post-puberty marriage of girls is marriage bill for its about four transferred. The bill will not address allowed in Pakistan. million Hindu population, two the abduction, forcible conversion P a k i s t a n H u m a n R i g h t s district courts in India began and marriages of the girls of Hindu Commission has noted that acquitting accused of the community as it has a contentious Pakistan state has failed to save Muzaffarnagar Hindu-Muslim riots provision that lays down that if any Hindus from 'disgusting excesses of 2013 in which 60 people were one of the Hindu couple decides to such as forced conversion of young killed and thousands were convert to another religion, the women.' (10 August 2012). displaced. marriage will be illegal. A report of Movement for Solidarity The proposed Hindu marriage bill While the proposed law, in a way, and Peace, a human rights that has come after 69 years l e g a l i z e s p o s t m a r r i a g e organization based in Pakistan, however, is only significant in a conversion, it does not put any estimates that nearly 1,000 non- PUCL BULLETIN, APRIL 2016 2 Muslim girls are forcibly converted insufficient evidence.