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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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 »Flawed evidence and conclusions by Madabhushi Sridhar
The sentencing of Dr. Binayak Sen involves unverified charges, and unreasonable and unconstitutional findings. The constitutional validity of the charges of sedition and conspiracy that were used to implicate rights activists such as Binayak Sen merely for their anti-establishment political thoughts needs to be challenged. The action ridicules the constitutional guarantee of freedom of expression. The sections of the Indian Penal Code that deal with “conspiracy to wage war against the government”...
More »Judgment that risks tainting democracy by Vinay Sitapati
Indian law affords Binayak Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke a national and international outcry. One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian...
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