Don't make use of archaic sedition law to curb freedom of expression: Amnesty on Kerala youth's arrest

By Our Representative
Amnesty International India has sharply criticized the arrest and detention of a 25-year old man accused of sedition for allegedly disrespecting India’s national symbols, pointing out that this suggests "how archaic laws continue to be used to curb free speech in India.” In a statement, Amnesty, a human rights organization with presence in several countries, said, “On August 20, 2014, police in Kerala arrested Salman M for allegedly making catcalls and not standing up when India’s national anthem was being played at a cinema two days earlier.”
This made the authorities accuse him of “sedition, insulting the Indian national flag and Constitution, and preventing the singing of the national anthem”, Amnesty said, adding, not only this, Salman M was also accused under section 66A of India’s Information Technology Act for allegedly publishing abusive social media posts about Independence Day on August 15. A Thiruvananthapuram court denied him bail on 25 August”. The top NGO apprehends, Salman M could “face a life sentence if convicted.”
Giving the statement on behalf of Amnesty, Shailesh Rai, programmes director, said, “A criminal charge for such conduct, even if some might regard it as offensive, is completely unwarranted, Nobody should have to go to prison merely because they are accused of causing offense. The Constitution of India and international law recognize the right to freedom of expression, and this right extends to speech that offends or disturbs. Authorities must respect this fundamental right, not seek to curb it.”
Demanding that the case against Salman M should be “dropped and he must be released”, Amnesy stressed, “Indian laws on sedition and online free speech do not meet international human rights standards on freedom of expression. These laws must be urgently repealed.” It added, “India’s archaic sedition law has been used to harass and persecute activists and others for their peaceful exercise of their right to free expression.”
Pointing out how Section 124A of the Indian Penal Code defines sedition as any act or attempt “to bring into hatred or contempt, or…excite disaffection towards the government”, Amnesty recalled, even “Mahatma Gandhi had called the law ;the prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen’.”
It added, “Section 66A of the Information Technology Act criminalizes acts including sending information that is ‘grossly offensive’ or causes ‘annoyance’ and ‘inconvenience’. The law is imprecise and overbroad. It can be used to violate legitimate exercise of the right to free speech and can lead to arbitrary arrests. A number of activists and legal experts have challenged the constitutionality of section 66A.”
Amnesty pointed out, “The UN Human Rights Committee, which monitors the implementation of the International Covenant on Civil and Political Rights, to which India is a state party, has expressed concern regarding laws on issues such as disrespect for flags and symbols.” Amnesty’s protest against the sedition law comes following a submission it made before the Law Commission of India in June 2014 (click HERE to read) where it insisted on the need to undertake critical legal reforms to better defend the right to free speech.
Saying that this is important against the backdrop of a “growing trend of intolerance towards dissent and criticism”, elucidating the submission, Amnesty underlined, “Authorities have shown a worrying eagerness to arrest and detain people for the lawful exercise of their constitutional rights to free speech, especially when it concerns the new Prime Minister.”
Giving examples, Amnesty said, “In May 2014, police in Bangalore arrested a man for sending a photograph on his phone depicting Prime Minister Narendra Modi on a funeral pyre. The same month, police in Panaji, Goa filed a First Information Report against a man who said in an online post that if Narendra Modi came to power, it would lead to a holocaust.”

Comments

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar* Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman* On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan* (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat* Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

Balod tech fest tests students’ interest in innovative ideas in the fields of science, engineering, start-ups

By Our Representative A techno fest scheduled on December 20 and 21 in Balod district of Chhattisgarh will test the innovative ideas of school students in the fields of science, engineering and start-ups. For this two-day fest organised at Maheswari Bhawan of the district, a total of 824 models made by students were initially registered. Out of those, a selection committee chose 200 models from several schools spread over five blocks of Balod. These will be on display on these two days from 10am to 4.30pm. Out of many ideas, one of the most interesting models is a smart glove which can be used by children with impairments and disabilities. For those who cannot speak at all or have speech difficulty, they can ask for help from caregivers by pressing their fingers on the glove after wearing it. This will attract attention.

Local businessman subjected to physical assault, verbal abuse: Demand for accountability, justice

By Kirity Roy* On October 9, 2024, a disturbing incident of harassment and abuse took place in the Swarupnagar Block of North 24 Parganas district, involving a local businessman, Hasanur Gazi, who was subjected to physical assault, verbal abuse, and religious discrimination by a Border Security Force (BSF) constable. The incident, which occurred at the Hakimpur Checkpost, has raised serious concerns about the safety and dignity of citizens living in border areas, especially those belonging to religious minorities.

Affable but arrogant, embodying contradictions, Raj Kapoor's legacy will endure as long as Bollywood exists

By Harsh Thakor* December 14 marks the birth centenary of Raj Kapoor, a filmmaker and visionary who revolutionized Bollywood, elevating it to new heights by exploring uncharted emotional and social territories. Kapoor wasn’t just a filmmaker; he was a storyteller who touched the souls of the masses and reflected the pulse of post-partition India with unparalleled depth. His films acted as a unifying force in a divided nation, transcending social and cultural boundaries.

Suspicious death of Dalit laborer in BSF custody: A call for justice

By Kirity Roy* The tragic and suspicious death of Mr. Babai Barui, a Dalit daily wage laborer from North 24 Parganas, West Bengal, has raised serious concerns regarding custodial violence and the violation of fundamental rights. Mr. Barui, son of Sukharanjan Barui, resided in Pallishree Sangsad, Bongaon, and was arrested by the Border Security Force (BSF) on November 9, 2024, near the Angrail border on allegations of smuggling. The very next day, he was found dead under mysterious circumstances, with visible injuries that point toward possible custodial violence.

Search This Blog