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”...
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Binayak Sen among six people charged with sedition in 2010 by Priscilla Jebaraj
As doctor and human rights activist Binayak Sen spends New Year's Day in prison as the only person to be convicted on sedition charges in 2010, it is worth noting that at least five others have also faced the charge over the course of the year. Most of these have been charged for their statements with regard to either the Naxal issue or the Kashmir conflict, according to media watchdog...
More »Dread of Democracy by Rudrangshu Mukherjee
The historian Ramachandra Guha has famously described India as a fifty-fifty democracy. But even admirers of India as a functioning democracy will perhaps be forced to admit that certain events in 2010 forced the needle to move beyond fifty against democracy. Threats to democracy and democratic rights have never been as evident, and as powerful, since the dark days of the Emergency in 1975-76 as they were in the course...
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...
More »The loyal, seditious Dr Sen by Samar Halarnkar
“Take again Section 124-A of the Indian Penal Code. Now so far as I am concerned that particular section is highly objectionable and obnoxious and it should have no place both for practical and historical reasons, if you like, in anv body of laws that we might pass. The sooner we get rid of it the better.” —Prime Minister Jawaharlal Nehru in Parliament during debates on the first amendment to...
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