One of the most shameful pieces of legislation in our penal code is the continuance of ‘Sedition’ in Section 124A of the Penal Code which provides that whoever excites or attempts to excite disaffection towards the government established by law in India shall be punished with imprison-ment for life. The expression disaffection includes disloyalty and all feelings of enmity. This provision was included by the British Government in 1870 as...
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The Tyranny of AFSPA and Why it a Scar on Democracy by Babloo Loitongbam
This paper was presented at the Regional Workshop on War on Terror and Asian Democracy 17 May 2011, Kim Dae-Jung Convention Centre, South Korea organised by Solidarity for Democratization Movement in Asia (SDMA) Introduction In the discourse on terrorism and counter terrorism, September 11 stands as a watershed because of the attack on the World Trade Centre in 2001. Government of India (GoI) also took full advantage of the ‘War on Terror’...
More »Prisoner of conscience by V Venkatesan & Ajoy Ashirwad Mahaprashasta
The trial court judgment holding Binayak Sen guilty of sedition has led to widespread outrage. IN India's legal history, no trial court judgment in a criminal case has perhaps caused as much international outrage as the December 24, 2010, judgment of the Second Additional District and Sessions Judge of Raipur, B.P. Verma, did. In his 92-page judgment, Judge Verma convicted Dr Binayak Sen, the well-known human rights activist and medical...
More »Enemies of the state? by G Vishnu
In the end, Gangula Tadangi succumbed to tuberculosis. The Kondh Adivasi’s life could have been saved if he had made it to the hospital on time. But he was in judicial custody at Koraput district jail in southern Odisha for allegedly “waging war against the Indian State”. During his last moments, Tadangi, 25, is said to have whispered something in Kondh. But nobody could make out anything because no one...
More »Mumbai journalist held on charge of waging war against state by Vinaya Deshpande
The Gondia police have arrested Sudhir Dhawle (42), Editor of Vidrohi magazine and freelance journalist based in Mumbai, on charges of waging war against the state. He was booked under the Unlawful Activities (Prevention) Act. “The charges are the same as those slapped on [rights activist] Binayak Sen,” Mr. Dhawle's lawyer Surendra Gadling told The Hindu. He claimed that the police took Mr. Dhawle into custody on Sunday night itself from...
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