Criticism of government not sedition, Indian apex court says in landmark ruling
Judgement comes in wake of sedition law being grossly misused by Indian government to stifle dissent
The Indian Supreme Court. PHOTO COURTESY: THE HINDU
The Supreme Court of India has ruled that sedition or defamation cases cannot be slapped on anyone criticising the government.
“Someone making a statement to criticise the government does not invoke an offence under sedition or defamation law. We have made it clear that invoking of section 124(A) of IPC (sedition) requires certain guidelines to be followed as per the earlier judgement of the apex court,” The Hindu quoted India’s top court as saying in a landmark judgement on Tuesday.
The judgement comes in wake of the sedition law being grossly misused by Narendra Modi-led Indian government for stifling dissent across the country. The decision of the apex court came in response to a petition filed by a non-governmental organisation (NGO) alleging misuse of the sedition law.
Amnesty India charged with sedition over Kashmir slogans
The NGO’s plea said: “There has been an increase in the number of cases of sedition against intellectuals, activists, students, with the latest being the sedition charge on Amnesty India for organising a debate on Kashmir.” Sedition charges have been used in the past against supporters of independence for Kashmir, divided between India and Pakistan but claimed in full by both.
Last month, Amnesty was slapped with sedition charges after several Kashmiris allegedly called for independence for the troubled region at an event organised by the rights group. Police in the southern city of Bangalore filed initial charges against Amnesty following complaints by a Hindu nationalist student organisation whose members recorded the event.
Meanwhile, the court, while disposing of a petition filed by NGO Common Cause alleging misuse of the sedition law, refused to pass a direction on the plea that a copy of this order be sent to all chief secretaries of states and the directors general of police. “You have to file separate plea highlighting if any misuse of sedition law is there. In criminal jurisprudence, allegations and cognisance have to be case specific, otherwise it will go haywire. There can’t be any generalisation,” the court said.
Referring to India’s national crime records bureau report, the plea said 47 cases of sedition were filed in 2014 alone and 58 persons arrested in connection with these cases, but the government has managed only one conviction so far. It also cited a series of recent examples of activists being slapped with sedition charges, including against Arundhati Roy in 2010 for alleged anti-India remarks at an event in Kashmir, cartoonist Aseem Trivedi in 2012 for allegedly insulting the country through his cartoons, rights activist Binayak Sen, JNUSU President Kanhaiya Kumar and DU professor SAR Geelani.
Indian forces carry out 'unprovoked' firing along LoC
Rights campaigners have long accused India’s governments of using the British-era sedition law to clamp down on dissent. Sedition carries a maximum penalty of life imprisonment, although convictions are rare.
This article originally appeared on The Hindu.
“Someone making a statement to criticise the government does not invoke an offence under sedition or defamation law. We have made it clear that invoking of section 124(A) of IPC (sedition) requires certain guidelines to be followed as per the earlier judgement of the apex court,” The Hindu quoted India’s top court as saying in a landmark judgement on Tuesday.
The judgement comes in wake of the sedition law being grossly misused by Narendra Modi-led Indian government for stifling dissent across the country. The decision of the apex court came in response to a petition filed by a non-governmental organisation (NGO) alleging misuse of the sedition law.
Amnesty India charged with sedition over Kashmir slogans
The NGO’s plea said: “There has been an increase in the number of cases of sedition against intellectuals, activists, students, with the latest being the sedition charge on Amnesty India for organising a debate on Kashmir.” Sedition charges have been used in the past against supporters of independence for Kashmir, divided between India and Pakistan but claimed in full by both.
Last month, Amnesty was slapped with sedition charges after several Kashmiris allegedly called for independence for the troubled region at an event organised by the rights group. Police in the southern city of Bangalore filed initial charges against Amnesty following complaints by a Hindu nationalist student organisation whose members recorded the event.
Meanwhile, the court, while disposing of a petition filed by NGO Common Cause alleging misuse of the sedition law, refused to pass a direction on the plea that a copy of this order be sent to all chief secretaries of states and the directors general of police. “You have to file separate plea highlighting if any misuse of sedition law is there. In criminal jurisprudence, allegations and cognisance have to be case specific, otherwise it will go haywire. There can’t be any generalisation,” the court said.
Referring to India’s national crime records bureau report, the plea said 47 cases of sedition were filed in 2014 alone and 58 persons arrested in connection with these cases, but the government has managed only one conviction so far. It also cited a series of recent examples of activists being slapped with sedition charges, including against Arundhati Roy in 2010 for alleged anti-India remarks at an event in Kashmir, cartoonist Aseem Trivedi in 2012 for allegedly insulting the country through his cartoons, rights activist Binayak Sen, JNUSU President Kanhaiya Kumar and DU professor SAR Geelani.
Indian forces carry out 'unprovoked' firing along LoC
Rights campaigners have long accused India’s governments of using the British-era sedition law to clamp down on dissent. Sedition carries a maximum penalty of life imprisonment, although convictions are rare.
This article originally appeared on The Hindu.