Indian Penal Code section 124 (sedition)

Affection cannot be manufactured or regulated by law — Mahatma Gandhi

This is what Mahatma has to say about this particular section of the Indian Penal Code.

Aseem Trivedi arrested and sent on a 14 day remand by Mumbai police on the charge of sedition (against the Indian Penal Code’s section 124A. I have given a word to word text of this section at the end of this article).

A cartoonist by profession, made wolfs instead of Lions depicting National Emblem, wrote ‘Bhrastmave Jayte’ in the place of ‘Satyamave Jayte’. I don’t find it sedition. Does it not reflect the current situation of the country? If a Nation like ours cannot digest a humorously harsh comment on a truthful situation, isn’t it a matter of shame?

This article is not against this Law. I completely support it. In fact if I was the supreme ruler of the country this would have been the first law to be passed. After all nobody should speak against his king. Right?

So here it goes, this law was written in late 19th century by the British as a foreign policy. And to be true thereafter it was never changed. We took it as is or I should say blindly from the monarchy. The only change made was the words ‘His Majesty’s Government’ were replaced by ‘Government established’ in the section…irony.

British rulers used it against us to suppress our voices. Mahatma Gandhi himself was charged with sedition under this law and he called it as anti-liberty, anti-justice and anti-truth. And now Government is using it yet again for the very same reason. What difference does the date 15^th August 1947 had made? 

Hope, by this article, I have not commented against the Indian Government. I just thought of using Article19.

-----------------------------------------------------

TEXT OF SECTION 124A

Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Explanation 1 — The expression “disaffection” includes disloyalty and all feelings of enmity.

Explanation 2 — Comments expressing disapprobation of the measures of the attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Explanation 3 — Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

------------------------------------------------------------------------