Criticising Country Can't Be Treated As Sedition, Says Law Panel
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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Vijay''s TVK wins an impressive 108 seats in TN polls
Chennai (PTI): Vijay-led TVK secured an impressive 108 seats trouncing the incumbent DMK led by M K Stalin which finished with only 59 seats in the Tamil Nadu Assembly elections held on April 23, as per the final tally of the ECI on Tuesday.
The opposition AIADMK won 47 seats while its allies the PMK obtained 4 and the BJP and AMMK clinched one seat each respectively in the election, according to the data available on the Election commission of India's website.
The DMK's allies - the Congress managed to win 5 seats, the IUML, CPI, CPI (M), and VCK: 2 each and DMDK secured one seat, among a total of 234 Assembly constituencies in the state.
The votes were taken up for counting on May 4 and the final tally was announced on Tuesday.
Actor-politician Vijay's Tamilaga Vettri Kazhagam on Monday created a record of sorts in the electoral history of Tamil Nadu and emerged as the single largest party by delivering a shock defeat to DMK and its president Stalin in his Kolathur constituency, while the AIADMK was pushed to a distant third spot.
Vijay won from both Perambur and Tiruchirappalli East constituencies.
The TVK has clocked nearly 35 per cent (34.92) vote share in its debut polls.
This will be the first time in Tamil Nadu that a party will assume power a little over two years after its founding in February 2024.
