27 May 2023 : The Hindu Editorial
The Hindu Editorial
27-May-2023
Daily Current Affairs For UPSC ,The Hindu Editorial Summary
1.Sedition and its roots in Rudeness
GS2 – Indian Polity
Context:
- The Lahore High Court annulled the Offence of ‘Sedition’ in the Pakistan Penal Code. Pakistan follows similar Law on Sedition as India as per Section 124A.
Indian Penal Code (IPC):
- Section 124A criminalises seditious acts, speech or writings: Any statement that caused “disaffection”, namely exciting in others certain bad feelings towards the government, even though there was no element of incitement to violence or rebellion.
- Empress v/s Bal Gangadhar Tilak (1897): Bangobasi case in 1891 “Offence consists in exciting or attempting to excite in others certain bad feelings towards the government. It is not exciting or attempting to excite mutiny or rebellion or any sort of actual disturbance, great or small”.
- Constituent assembly debates: In the draft Constitution “sedition” was one of the heads of the restriction imposed on freedom of speech in Art 19(2). But due to its frequent use by the colonisers against Tilak, Gandhi, Nehru & others, People like KM Munshi opposed the inclusion of “sedition” as a head of the restriction & moved an amendment for its deletion.
Problems:
- Freedom of Expression: Theoretically, anybody may be prosecuted for raising slogans or defacement of public property for drawing Graffiti.
- Against democratic norms: In a democracy, people have the inalienable right to change the government they do not like. People will display disaffection towards a government which has failed them. The Law of sedition, which penalises them for hating a government, does not serve them.
- Constitutional violation: It violates Article 19(1)(a). Under Article 19(2), Sedition as a reasonable restriction was not adopted by the constituent assembly, as it was mentioned in the draft. It clearly shows that the Constitution makers did not consider sedition as a reasonable restriction.
- Suppressing criticism: It can be misused to gag the press or suppress the criticism of the government.
- Draconian nature of Law: It is Non-bailable and Non-cognizable.
- Moral question: Indians were against this act in the colonial era as it was used to jail our freedom fighters. So it should have been automatically stuck down after independence.
- Judgments don’t prevent misuse: the Supreme Court has held that without incitement to violence or rebellion, there is no sedition. However, this has not closed the door to the misuse of this Law.
The country uses National Security as a tool to deny its citizens remedies that are provided under Law. This is not compatible with the rule of Law.
2. Mob and Justice
GS1 – Society
Context:
- A sessions court in Alwar has sentenced four men to a prison term of seven years for lynching a Muslim dairy farmer in July 2018. It has also acquitted Naval Kishore, a Vishwa Hindu Parishad functionary, for want of evidence.’
- In a similar case, all accused who murdered Pehlu Khan in 2017 were acquitted too.
The problem in such cases:
- The assailants were found guilty of culpable homicide only, which does not amount to murder and wrongful restraint. In case of charges of murder, the convicts would have got Life imprisonment.
- The court did not consider the telephonic conversations between the accused and the VHP leader as evidence.
- This raises some concerns.
Possible improvements:
- Charging for an attempt to murder instead of Mob Lynching.
- Covering Crimes of Dereliction or Protection of criminals during the investigation after the hate crime must also be included.
- Including solitary hate crimes: The majority of hate crimes are committed by mobs, but there have been solitary hate murders, too, such as of Migrant Mohammad Afrazul in Rajasthan.
- We also need gender-sensitive repatriation.
For Enquiry
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