Got this from Vikalp list.
SEDITION-ORISSA STYLE The film "Lal Salam" has not been allowed to be shown in Orissa because its story is supposed to be regarding maoist activities even though it has been produced by a professional film maker and certified by the Censor board. Cast in the film includes renowned actress Nandita Das & others. Exhibiting this picture attracts the offence of "sedition" for which six Kui tribal cultural activists of Adva under Gajpati district of Orissa were sent to jail on 23rd Sept 2006. The Orissa police along with a section of CRPF seized a number of revolutionary booklets, notes and songs on Charu Majumdar and Kalinganagar issue, video CDs of "Lal Salam" film from the Kui cultural activists. The police also seized traditional musical instruments like Khanjani, Ghungura etc to substantiate the allegation of sedition under 124-A IPC. Two female activists aged about 18-20 also include the group who went to jail and are still in jail. AS per the FIR story which was lodged by the police itself the police and CRPF surrounded a tribal village on 22nd Sept at night and apprehended six Kui tribals who were performing cultural programme by singing , dancing and exhibiting the film "Lal Salam" It is said by the police that the film is on the maoist activities, which is a banned organisation as declared under the Criminal Law Amendment Act-1908. Besides, the offence "sedition", the police has also implicated the cultural activists u/s -17 (2) of the above Act. The police paper speaks that Dasuram Majhi @ Pangi is the leader of cultural team who fled the spot. The Criminal Law Amendment Act was enacted during British colonial rule, the operative provisions of which were declared void by the full bench decision of Madras High Court and Constitution Bench of Supreme Court ( A.I.R. 1952 S.C. 149).The allegation of "sedition" against the Kui cultural activists which was showing the film once again reminds the Constituent Assembly debate on "sedition" wherein K.M . Munshi pointed out "the word sedition has been a word of varying import and has created considerable doubt in the minds of not only the members the House but of courts of law all over the world. On the notorious section ¨C 124 A of Penal Code (is still in force) he further pointed out that It "was sometimes construed so widely that I remember in a case, criticism of District magistrate was urged to be covered by section ¨C 124 A". Due to objection from the members of different quarters the provision for "sedition" was dropped from the constitution. But, confirming the apprehensions of the framers of constitution this provision in the Penal Code is rampantly abused by the law enforcers to silence the voice of opposition. Freedom of speech, expression, thought etc. are the basic rights should be made available to all individuals under the democratic principles. U.N. Declaration on Human Rights ¨C 1948 provides that "every one has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." The declaration also guarantees every individual of his "cultural rights indispensable for his dignity and free development of his personality". International Covenant on Civil and Political Rights also provides for "the right to hold opinions without interference and right to freedom of expression either orally, in writing or in print, in the form of art through any media of his choice" (Art-19). Art-15 of the International Covenant on Economic, Social and Cultural Rights-1966 also recognizes the "right of every one to take part in cultural life". The right to freedom of speech and expressions as one of the declared objectives of freedom struggle finds its significant position in the Fundamental Rights chapter of Indian constitution. ` But, in fact after the transfer of power the Indian rulers used the same repressive measures against the political activists for their dissent ideology as was being done by their British predecessors. So just after the implementation of the new constitution, the same oppressive and repressive mechanism of the colonial rule was brought to operation. The laws relating preventive detentions, silencing the voice of opposition by declaring ban on groups and press etc. were brought to the ground. So such laws and actions of the state were under challenge on the ground from the side of democratic struggle and also before the Indian Courts. The provision of sedition under section¨C124 A of Indian Penal Code was under challenge in different High Courts and Apex Court of the country. In the full bench decision of the Allhabad High Court, the provision of 124-A I.P.C. was declared void and ultra vires ( A.I.R. 1959 All-101). The Supreme Court in its judgment (A.I.R. 1962 ¨C S.C. 955) restricted the application of the provision only to "acts involving intention or tendency to disorder, or disturbance of law and order, or incitement to violence". As per Art-142 of the Constitution the law declared by the Supreme Court, has force all over the country. But, in spite of such pronouncements of the Apex Court how the Kui cultural activities can attract the offence defined as "sedition" for their performance of traditional dance, songs, with Khanjani, Ghunsura etc. is a matter of concern. The booklets on Charu Mazumdar and Kalinganagar are not banned literature either. So how all these materials shall come under the definition of "seditious materials" is also a matter of concern. The tribals, dalits, peasants are under constant attack of the state machinery and are being thrown out of their land, forests, water, the basic needs of living. On the other hand they are being harassed like anything on the plea of "law and order". To give an example, the State Govt. in its own admission have stated that there are 11, 424 minor forest cases (offence covering forest produce worth upto rupees one hundred only) pending against tribals which were decided by the State Govt to be withdrawn on the pressure of demands from democratic secsions of society (decision of the C.M. Sept. 2004). As per a recent information available under Right to Information Act 8489 such cases have been withdrawn in eight forest circles of the State. But astonishingly such cases include alleged offence for forest produces worth of Rupees ¨C 2, Rupees ¨C 3, Rupees ¨C 4 etc. Hundreds of tribals have been implicated in forest cases for "illegally" taking away forest produces worth less than rupees ten. This makes amply clear the mindset of the state against the tribals and the people of the lower strata at large Similarly, another alarming figure have come to light under RTI Act that 7145 unimportant minor criminal cases have been booked against 8763 tribals out of which most of offences include trading of "illicit liquor" in tribal area. Obviously, the cases were booked at the behest of liquor mafia who rule the roost in the tribal areas, grab the little earnings and the lands of tribals. It is just a tip of the ice berg which goes to suggest that those who are involved in bringing new thinking and are trying to open upon the minds of the common people to their right to life and livelihood and their plights are being targeted to be forcibly silenced by forces of the state. Be it the murder of Kerala threatre activist, Varkala Vijayan, veteran theatre activist Safdar Hasmi, poet Paash or arrest of Gaddar, Varavara Rao, Kalyan Rao, Dasuram Majhi @Pangi¨Cany such activist is thought to be inconvenient by the ruling cliques of the state. But, the rulers must remember that "people may be killed, ideas do not die" and such forcible suppression of voice of the people would lead to explosion in peoples' anger and violence. It is high time to condemn the design of the state machinery for their acts of dealing every issue of life and livelihood as an issue of law and order and putting the protesters behind the bar. The Chief Minister of Orissa should be urged to withdraw the criminal case and unconditionally release the Kui Cultural activists. It should be demanded before him to address the life and livelihood issues of the common mass and more specifically those of the tribals, dalits and peasants through pro-people policies and for not abbusing sharp provisions of law for silencing the dissenting voices. (Biswa Priya Kanungo) Advocate & Democratic Right Activist 2122, Sabarsahi Lane , Budheswar Colony Bhubaneswar ¨C 6, Dist.¨C Khurda (Orissa). -- --~--~---------~--~----~------------~-------~--~----~ greenyouth mailinglist is the activist support mailinglist for kerala run by Global Alternate Information Applications (GAIA) To post to this group, send email to [email protected] -~----------~----~----~----~------~----~------~--~---
