Friday, June 23, 2017

Dinesh Kamath's Editorial 'Pak supporters tried under sedition law' that was published in Newsband

Pak supporters tried under sedition law
Several people across the country have been booked under the sedition law – Section 124A of the Indian Penal Code for celebrating the Pakistani cricket team’s victory over India. In Kedar Nath Singh vs the State of Bihar a Constitution Bench had stated that the charge of sedition must demonstrate an intention or tendency to subvert the government by violent means. So can celebrating a rival team’s cricket victory – even if that team is Pakistan –be called sedition?
It’s true that everyone knows the nefarious role of Pakistan in last 75 years. Hence anyone aligned to Pak against our interests - whether by way of treachery in battle or clapping in cricket games should be tried under sedition. Pakistan is an enemy country and only traitors will celebrate an enemy. All who indulge in similar activities should face the sedition law. Stone pelters in Kashmir must be booked under sedition law. Violence against state as we see in Kashmir is the last stage of sedition act. The first stage is giving the moral support that Pakistan and enemy within extends to traitors in India. Anti Nationals must be stopped in the first stage itself.
Unlike most laws drafted in British India, elegant, finely chiselled, useful even today, the law on sedition was deliberately loose limbed, allowed the colonial power to lock up someone who rightly resented their presence and expressed unhappiness over it, and throw away the key for a lifetime. It ought to have been rescinded very early in the life of the republic.
If only the law of sedition is being applied irresponsibly to trivial situations, the court may be pleased to hold the law as it stands incompatible with the value system of a vibrant, raucous democracy. A new law could always be drafted.

Lastly, a question that arises is if Indians in America had to celebrate the victory of Indian sports team against American sports team, and if the American Law had to try them under sedition law, then would the Indians tolerate it? In this case, one should remember that Indo-American relations is not at all like Indo-Pak relations. 

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