i dont know y this issue came out only after 3 months ?( i rcvd this mail in december)our silence is too cruel either in the case of parzania or lalsalaam. rgds savad
On 2/8/07, Anivar Aravind <[EMAIL PROTECTED]> wrote: > > 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). > -- > > > > -- +++++++++++++++++++++++++++++++++++++++++++++++++++ "I may disagree of what you say, but I will defend to the death your right to say it." -Voltaire +++++++++++++++++++++++++++++++++++++ SAVAD RAHMAN Correspondent,MADHYAMAM daily, 601,INS Buildings, Rafi Marg,New Delhi -110001 india cell:(91)-9910938123 23737626,23321014 FAX: 2373 7626 --~--~---------~--~----~------------~-------~--~----~ 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] -~----------~----~----~----~------~----~------~--~---
