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to have been rescinded very early in the life of the republic.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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