NEW DELHI: Berating the country or a particular aspect of it cannot be treated as "sedition" and the charge can only be invoked in cases where the intention is to overthrow the government with violence and illegal means, the Law Commission observed today in a consultation paper on the subject.

The Commission also noted that in order to study revision of section 124 A of the Indian Penal Code (IPC) that deals with sedition, it should be taken into consideration that the  United Kingdom, which introduced the section in the IPC, abolished the sedition laws ten years ago.

The UK did not want to be quoted as an example of using such "draconian" laws, it observed.

The consultation paper also toyed with the idea of redefining sedition in a country like India, the largest democracy in the world, considering that right to free speech and expression was an essential ingredient of democracy that has been ensured as a fundamental right by the Constitution.

"Berating the country or a particular aspect of it, cannot and should not be treated as sedition. If the country is not open to positive criticism, there lies little difference between the pre- and post-independence eras. Right to criticise one's own history and the right to offend are rights protected under free speech," the consultation paper said.

For merely expressing a thought that is not in consonance with the policy of the government of the day, a person should not be charged under the section, the paper said.

"Sedition charges can only be invoked where the intention behind any act is to overthrow the government with violence and illegal means," it observed.

The paper also cited examples of Jawaharlal Nehru University (JNU) student leader Kanhaiya Kumar, who was charged with sedition over the alleged anti-India slogans on the campus.

It added that while it was essential to protect national integrity, it should not be misused as a tool to curb free speech.

Dissent and criticism are essential ingredients of a robust public debate on policy issues as part of a vibrant democracy, it observed, and therefore, every restriction on free speech and expression must be carefully scrutinised to avoid unwarranted restrictions.

The Commission also hoped that a healthy debate takes place in the country among the legal luminaries, lawmakers, government and non-government agencies, academia, students and the general public on the topic, so that a public friendly amendment could be brought about.

courtesy : ndtv.com




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Gaborone (Botswana) (PTI): Amoj Jacob and Ragul Kumar got injured during the men's 4x400m and 4x100 races respectively as India ended their World Athletics Relays campaign in disappointment on the second day of competitions here on Sunday.

The Indian camp had high hopes of making the 2027 World Championships in the men's 4x400m relay but the team did not finish (DNF) the race as Jacob suffered cramps and pulled out of the race after taking the baton from the first leg runner Dharamveer Choudhary. Rajesh Ramesh and Vishal TK were to run in the third and fourth legs.

Those teams which could not qualify for the 2027 Beijing World Championships by reaching the final round of each of the six relay events on Saturday were given another chance in the second qualification round on Sunday.

The top two teams in each of the two heats (in all six relay events) booked the Beijing ticket on Sunday.

India will now have to try and qualify for the World Championships through the Top Lists of the World Athletics, which is a long and tedious process.

In the men's 4x100m race, third leg runner Ragul Kumar fell down the track after failing to hand over the baton inside the exchange zone to fourth leg runner Gurindervir Singh, which clearly showed the lack of coordination among the runners.

Harsh Santosh Raut and Animesh Kujur ran the first two legs.

The Indian quartet was disqualified and Kumar was seen being taken away from the Field of Play with the help of the volunteers.

It was a comedy of errors in the case of the women's 4x100m race, which saw the baton being dropped during an exchange between first leg runner Tamanna and second runner Nithya Gandhe, though the Indians finished the race in 53.09 seconds.

Gandhe started running quite a distance, but after realising that the baton was not in her hand, she turned and ran back to pick it up.

The only silver-lining for the Indian contingent was the national record time in the mixed 4x100m relay race, though the quartet of Ragul Kumar, Nithya Gandhe, Animesh Kujur and Sneha SS finished sixth in heat number two with a time of 41.35 seconds, bettering the previous national mark of 42.30 seconds set in March in Chandigarh.

The mixed 4x400m relay quartet of Theerthesh P Shetty, Kumari Saloni, Nihal William and Rashdeep Kaur ended at fifth in heat number one with a time of 3 minutes and 19.40 seconds.

On Saturday, all the five Indian relay teams had failed to make it to the respective final rounds and thus missed out on the 2027 World Championships berths.