http://www.countercurrents.org/sukumaran150216.htm

*Sedition Law And The Patriotism Of Those Who Have Never Been Patriotic*

*By Sukumaran C. V.*

15 February, 2016
*Countercurrents.org*

*U*nder the British rule, Mahatma Gandhi was charged with section 124-A and
sent to prison. Section 124-A in Indian Penal Code is titled as ‘Sedition’
and the British created the Indian Penal Code to retain their undemocratic
control over the country, and the ‘Sedition’ clause says:

“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 Government with a view to obtain their alteration by
lawful means, without exciting or 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.”

When the Father of the Nation, the Mahatma, was being trialled under this
notorious section of the colonial law in 1922, he said: “Section 124-A
under which I am happily charged is perhaps the prince among the political
sections of the IPC designed to suppress the liberty of the citizen.
Affection cannot be manufactured or regulated by law. What in law is a
deliberate crime appears to me to be the highest duty of a citizen. To
preach disaffection towards the existing system of Governement has become
almost a passion with me.”

The British used this law to crush the patriotism of the people before
independence. And after independence the law has been used for the same
purpose! And the UPA government used this colonial law to send Dr. Binayak
Sen, the renowned human-rights activist, to prison. Dr. Saibaba, another
human-rights activist is also charged with this draconian law. Now the
‘patriotic’ government that rules the country uses the same law against the
JNU. I am a former JNU student and I know that JNU inspires the students to
go beyond the theoretical dogmas that bind us to the political, religious
and social oppression in the name of democracy. A university like the JNU
is the oxygen of democracy, especially when democracy metamorphoses into
fascism as is happening today in India.

In a speech delivered at the Special Convocation of Allahabad University on
December 13, 1947, Jawaharlal Nehru said: “A university stands for
humanism, for tolerance, for reason, for progress, for the adventures of
ideas and for the search for truth. It stands for the onward march of the
human race towards even higher objectives.”

JNU is a university that stands ‘for humanism, for tolerance, for reason,
for progress, for the adventures of ideas and for the search for truth.’
And those who have proved by their actions that they are against humanism,
against tolerance, against reason, against progress, against the adventures
of ideas and against the search for truth won’t like it. That is the reason
behind accusing JNU of sedition.

If a person is charged with section 124-A, we can be sure that the person
is a real patriot. The best way to smother dissent, the salient feature of
democracy, is to dub it antinational. The right wing organisations have
always tried to eliminate dissent and plurality in this fashion. But the
irony as far as India is concerned is that it is the RSS, that was never
patriotic when the British ruled and crushed India, leads this war of
‘patriots versus anti-nationals’! See the patriotism of the RSS (the
mentors of the ABVP) at a time when India needed it direly—during the
tumultuous period of Quit India Revolt. Three months after the historic
Quit India agitation was launched by the Mahatma, a British police
commissioner reported (D. O. No 174-S dated Buldana, the 28th Nov. 1942):
“The Rashtriya Swayam Sevak Sangh has however no plan to either fight
Government or even to oppose it. …In regards to the objects of the
organization, the information so far received by me leads me to the
conclusion that the Sangh does not want to come into conflict with
Government.” And today they claim to be the patriots!

Independent India has never witnessed such an onslaught against dissent as
it is witnessing now. It seems that we are in a position Ambedkar referred
to in his 'Annihilation of Caste': “The assertion by the individual of his
own opinions and beliefs, his own independence and interest as over against
group standards, group authority and group interests is the beginning of
all reform. But whether the reform will continue depends upon what scope
the group affords for such individual assertion. If the group is tolerant
and fair-minded in dealing with such individuals they will continue to
assert and in the end succeed in converting their fellows. On the other
hand if the group is intolerant and does not bother about the means it
adopts to stifle such individuals they will perish and the reform will die
out.”

*Sukumaran C. V. *is a former student of JNU


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Peace Is Doable

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