---------- Forwarded message ----------
From: pucl nat <[email protected]>
Date: Tue, Jun 21, 2011 at 8:04 PM
Subject: An Appeal to the Parliament to Repeal the Sedition Law



Dear Colleague,

A recent Convention organized by People’s Union of Civil Liberties (PUCL)
and participated in by other Human Rights organizations heard accounts of
widespread and systematic misuse of the sedition law across India. All forms
of democratic struggles - from farmer’s agitations to citizens protesting
against state policies - have been criminalized and prosecuted under
sedition laws. Consequently, thousands of ordinary citizens have not only
suffered violation of fundamental freedoms and liberties but also forced to
undergo major personal, emotional and financial hardships due to
imprisonment and in the process of seeking legal remedies. The Convention,
therefore, resolved to launch a nation-wide signature campaign to collect at
least a million signatures to present it to Parliament demanding the
immediate repeal of Sedition Law, i.e., Sec. 124 (A) IPC.

Kindly find enclosed herewith “An appeal to the Parliament to repeal the
Sedition Law”, for signature campaign.

Thanking you,

Sincerely yours,

 (Pushkar Raj)

General Secretary




-- 
Pushkar Raj
General Secretary, PUCL


PUCL National Office:
270-A, Ground Floor, Patpar Ganj, Mayur Vihar-I, Delhi-110091
Ph. 011-22750014, 09810656100
www.pucl.org


*An Appeal to the Parliament to Repeal the Sedition Law*

Colonial era sedition law contained in section 124 A of the Indian Penal
Code, makes creating hatred or contempt for or disaffection towards the
government established by Law in India, an act of sedition punishable with
imprisonment for life, whether such disaffection, hatred or contempt is
created by words spoken or written or by signs or visible representation.
This section forms part of chapter VI of the Indian penal Code that deals
with “offences against the State”, a passage that deals with serious
offences including waging war against the State.

Section 124 A was introduced by the British Government in 1870 when
the colonial government felt that such a draconian law was needed to
suppress the freedom struggle. Some of the most famous sedition trials of
19th and early 20th centuries were those of Indian nationalist leaders
including Tilak, Gandhi and Maulana Azad. All the repressive laws used by
the British against the freedom struggle have been retained in Independent
India, despite constitutional provisions mandating scrutiny.

Jawaharlal Nehru’s views were totally against this provision when he said
in 1951, “Take again Section 124 (A) of the Indian Penal Code. Now so far as
I am concerned that particular Section is highly objectionable and obnoxious
and it should have no place both for practical and historical reasons, in
any body of laws that one might pass. The sooner we get rid of it the
better.”

In fact, it is the constitutional right of every citizen to expose the
misdeeds of the government he/she disapproves of and create disaffection and
disloyalty among the people and work for throwing it out of power through
democratic means – of course without resorting to violence. Hence, the law
is incompatible with democracy in which anybody who is dissatisfied with the
government has the right to create disaffection against it and seek its
removal at the next election. In fact, it is the legitimate right of every
citizen to expose the misdeeds of the government it disapproves of, create
disaffection and disloyalty among the people and work for throwing it out of
power. Disloyalty to a government is different from disloyalty to the State.
Of late this provision is being used by the State to suppress the peaceful
people’s movements and Human Rights activists. Using sedition law to silence
peaceful criticism is the hallmark of an oppressive government. The Indian
parliament should immediately repeal this Colonial Era Sedition Law.
-- 
Peace Is Doable

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