New Delhi: Dr Mrinal Satish, Associate Professor of Law at National Law University, Delhi spoke to IBNLive on sedition charges slapped against Kashmiri student, who celebrated the victory of Pakistan Cricket team. Here is his view:
Legally speaking, cheering for a Pakistani Cricket team or some other team is not sedition. If the information I got is correct, these students from Kashmir studying at a Meerut University did not do anything to topple the Indian government nor did they do something against the integrity of the country. The concerned university or the college has the right to deal with such cases. Even the decision of the university or the college can also be challenged in a court.
Our Sedition law is archaic and draconian. It was introduced by the British to keep leaders like Mahatma Gandhi in jail. Mahatma Gandhi wanted the Independent India to abolish the Sedition law. Unfortunately, we still have it. We are continuing it with even after so many years. Sedition law is a weapon in the hand of the state. It can be misused by the state in many ways. If somebody is charged with sedition, it will take a long time to get the bail and come out. The punishment is also very harsh.
Sedition law was framed to target, terrorise and imprison mainly freedom fighters. Mahatma Gandhi wanted us to do away with it after the Independence. We have not done that. I my opinion, we already have several strong laws to deal with such issues in the nature of sedition. I don't think that we need a separate Sedition law for that.
Sedition law can be misused in many ways. Our IPL cricket has players from all countries. If an Indian player loses his wicket to a Pakistani bowler and a fan or fans of that IPL team cheer, by this logic who knows tomorrow something like this might happen again.
Many legal experts also believe that it is an archaic law, which needs to be scrapped. Some say it's necessary to protect the nation's integrity.
The sedition law, introduced by the British in India in 1870, outlaws speech that "brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India." The penalty for running afoul of the statute: up to life imprisonment.
This is what the Sedition law says -
The Section 124A in The Indian Penal Code, 1860 deals with Sedition -
124A. 1[ Sedition.-- 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, 2[ the Government established by law in 3[ India], a 4[ shall be punished with 5[ 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. Explanation 1.- The expression" disaffection" includes disloyalty and all feelings of enmity. Explanation 2.- Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3.- Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.]
(Dr Mrinal Satish is an Associate Professor of Law at National Law University, Delhi. He holds a doctorate in law from Yale Law School and National Law School, Bangalore. His area of specialization is criminal laws.)
Comments
0 comment