India

Sharjeel Imam Case : Nothing at all amounts to sedition unless the words incite “violence”

By Swati Khanna

This can seem uncomfortable, but it is also required to speak on, as we stand for the “Constitutional freedoms”

According to Section 124A of IPC,1860, ”Sedition” is defined as:-

“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, the Government established by law in India, shall be punished with 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.”

By the text of the Section, it may seem that yes, everyone, especially the students like Kanhaiya, Umar, The film makers who wrote a letter to PM against lynching or even this recent case of Sharjeel Imam are genuine. But no they aren’t. Here is why!

Taking all these cases into consideration, SEDITION cannot be applied. Why?

Because Judicial interpretation (which becomes the final law of the land being a Judicial legislation) by the Supreme Court in the case- Kedarnath versus State of Bihar-

SC says that Nothing at all amounts to sedition unless the words incite “violence”.

And so far as all the aforementioned cases are concerned, Sedition does not fit at all.

It is just the BJP government’s oppressive behaviour that they wish to silence, harass and demonize people, especially the people going completely against the populist views.

To make the binary of national and anti-national.

Coming to UAPA Act, which has been even challenged in court.

It demonises the counter views and for the first time ever puts an “individual” as a terror accused in jail without giving the opportunity to him/her to present their version.

It is totally against Fundamental rights to life and liberty under A-20 and 21 and also A-14,19 and even A-22.

It is a wholly unconstitutional law.

And slapping cases of Sedition and UAPA on even Sharjeel Imam, with whom I totally disagree with, is nothing more than finishing opposite views in the country.

But we just hope both these laws are considered by the Supreme court and are held unconstitutional so that the unwarranted hate and harassment the family of the individual goes through stops.

We are for the CONSTITUTION OF INDIA.

And if we cannot tolerate the opposite view to the extent that we just live and let live and still disagree, we will justify attack on our own Constitution of India.

And I, being a citizen, stand for Constitutional values forever.

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