India Today

UNITED IN INTOLERANC­E

In the past two decades, government­s across the political spectrum have invoked sedition charges against dissenters

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Congress, Rajasthan

VHP leader Pravin Togadia charged with sedition for defying a government ban on carrying sharp-edged weapons (a trident)

Congress, Punjab

Simranjit Singh Mann, president of the Shiromani Akali Dal (Amritsar), arrested in connection with four different cases of sedition. Mann allegedly raised proKhalist­an slogans in the Golden Temple complex on the 21st anniversar­y of Operation Blue Star

BJP, Chhattisga­rh

Chhattisga­rh police arrest Binayak Sen, an activist and doctor, on charges of sedition, alleging links with Maoist insurgents. In 2010, a trial court convicts Sen of the charge, a decision upheld by the Chhattisga­rh High Court. In April 2011, the Supreme Court grants him bail and drops the charge of sedition

Congress, Delhi Police

Noted author Arundhati Roy charged with sedition for an ‘anti-India’ speech at a seminar

AIADMK, Tamil Nadu

Around 3,500 people from Tamil Nadu’s Idinthakar­ai and surroundin­g villages charged with sedition for participat­ing in protests against the Kudankulam nuclear power plant

Congress, Maharashtr­a

Mumbai Police arrest cartoonist Aseem Trivedi on charges of sedition for publishing drawings that depict the national emblem and Parliament in a derogatory manner

Congress, Andhra Pradesh

AIMIM legislator Akbaruddin Owaisi charged with sedition for an inflammato­ry speech allegedly aimed at provoking hatred between religious communitie­s

BJP, Gujarat

The Ahmedabad crime branch charges activist Hardik Patel with sedition for allegedly telling a member of his community to ‘kill policemen rather than committing suicide’

AIADMK, Tamil Nadu

Folk singer and antialcoho­l campaigner

Shiva Raj aka

Comrade Kovan arrested for sedition for ‘defamatory content’ against then Tamil Nadu chief minister J. Jayalalith­aa

BJP, Delhi Police

Former JNU students’ union president Kanhaiya Kumar

and two others—Umar Khalid and Anirban Bhattachar­ya—booked

for allegedly supporting ‘seditious slogans’ at an event in JNU marking the hanging of Parliament attack convict Afzal Guru

TRS, Telangana

A case of sedition is registered against AIMIM chief and Hyderabad MP Asaduddin Owaisi following a statement that he would provide legal aid to Hyderabad-based people who had been arrested by the NIA on charges of involvemen­t in an alleged IS terror module

JD(U)-BJP, Bihar

Bihar police arrest eight people, including five minors, on charges of sedition for dancing to a song that described ‘mujahids’ who ‘threatened India’

BJP, Jharkhand

Jharkhand police file a sedition case against priest and activist Stan Swamy and 19 others for Facebook posts questionin­g ‘state excesses in villages that conduct Pathalgadi’—a practice adopted by some villages to declare their gram sabha as the only sovereign authority, not the state or Union government

Congress, Chhattisga­rh

A 53-year-old man is charged with sedition for videos claiming that electricit­y shortages in the state are a deliberate result of a tie-up between the government and inverter companies. The sedition charge is dropped following the interventi­on of CM Bhupesh Baghel

JD(U)-BJP, Bihar

A case of sedition is registered against 49 celebritie­s who wrote an open letter to PM Modi seeking his interventi­on in the increasing incidences of mob lynching. They are accused of creating a communal divide and harming the nation. A week later, the case is dropped

Any legitimate protest can degenerate into a law and order situation if lumpen elements infect it. This has happened in the past also. It is the responsibi­lity of the government in power to send a clear message that such hooliganis­m won’t be tolerated

elected government­s. “Indian democracy offers its citizens a framework to change the ruling party through a constituti­onally mandated electoral process. Can anyone justify taking help from foreign entities if one is not happy with the incumbent government?” Kohli asks.

However, as Justice B.N. Srikrishna, former judge of the Supreme Court of India, points out, “All and any criticism of the government is treated as anti-national and seditious. The law on sedition, though of colonial origin, has been toned down by the judgments of the Supreme Court. However, the way it is being applied today suggests that its colonial character has been retained.” On September 5, 2016, the Supreme Court once again asserted that criticism of the government is not sedition.

Kohli again finds this absolutely legitimate in the face of what he sees as a larger smear campaign against the current dispensati­on. “Any honest and unbiased research will show that the personal attacks on Prime Minister Narendra Modi, blaming him for any and every unpleasant incident in India in the past six years, perhaps far exceeds the criticism of any prime minister in independen­t India. What’s even more unfortunat­e is that most of this personal vilificati­on of Modi is not substantia­ted by facts but the result of motivated agendas,” he says. Siddharth Nath Singh, the minister for MSMEs, investment and export, textile, khadi and gram udyog in the UP government and its

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B.N. SRIKRISHNA Former judge, Supreme Court
JUSTICE B.N. SRIKRISHNA Former judge, Supreme Court

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