Today, after more than 60 of Indian independence, there is much talk about sedition and other laws in force. This time no one is talking about draconian laws like MISA, TADA, POTA, and UAPA. There is consensus amongst civil liberty activists that everyone know about these draconian laws and there widespread misuse all over India. After so – called conviction of Dr. Binayak Sen, focus has been shifted to general criminal laws like one for sedition and its potential misuses. Misuses of these laws generally do not attract attentions of general public and activists, and victim of these misuses silently suffer.
In ordinary criminal law i.e. Indian Penal Code sedition is defined as to bring or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India.
While experts are discussing about legality constitutionality of sedition as a crime defined under Indian Penal Code, 1860; I am willing to the cause of such sedition in present scenario.
Since independent working of the Government was not properly democratic due to the system of governance adopted. In Parliamentary democracy, there is no direct contact between government and its subjects. Many times, elected representatives act like power broker. They have their clients both side and who could not access them, remain unrepresented. Everything depends upon their sweet will and discretion, which, in India became marketable commodity. Result is: Nexus between elected representative, market players and executive machinery without any say of general public. We the people have no say during five years term, no public opinion, no referendum, no debate and no discussion. Marginalised section of Indian society has no way out in current socio – political scenario. They have almost no resources to access judicial remedies against injustice done by the nexus. These marginalised and depressed people are in poor health, inadequate knowledge, no education, without fund and no legal support.
This system gives us a pseudo – democracy and pseudo – justice. Two or three political houses has virtual licence to rule the nation as per their own whims and wishes. These political houses and their cadres use whole system for their own vested interest without any intention to serve the nation, society and its marginalised section. Normally these marginalised people have to keep mum with risk of life, liberty, self – respect, dal – roti and bahu – beti. They keep sparking anger in deep corner of their conscience. Their peaceful protest never reaches to deaf ears. Once they became violent they are called “armed anti – social elements”. This is starts criminalisation of their protests. This always ends up with state sponsored terror against otherwise non – violent protesters but violent due to deaf ear of system. This is a turning point where government start accusing any person with charge of sedition.