PUBLIC STATEMENT

DEMAND TO UPHOLD FREE SPEECH AND EXPRESSION

We condemn the demand of the BJP to “take the strongest possible
action” against Arundhati Roy for her “seditious comments” at the
seminar, “Azadi: The only way” held in New Delhi, October 21, 2010.
There is recorded evidence to prove that the views expressed by her
are not new and have also been made by innumerable others before and
after her. If Arundhati Roy or Syed Ali Shah Geelani (or any other
speaker from that seminar) is to be arrested for what they have said,
then by the same logic a number of us would have to be imprisoned not
to mention the entire population of Kashmir.

The concept of ‘sedition’ is archaic and has no place in a modern
democratic imagination. Perhaps for this reason the Drafting Committee
of the Indian Constitution did not include “sedition” among the
“reasonable restrictions” to Article 19(1) (a). In 1962, the Supreme
Court (Kedar Nath Singh vs. the State of Bihar) read down Section 124A
IPC to argue that only a call to violence or armed rebellion qualified
to be considered as ‘sedition’. The same Judgement reiterated the
importance of not allowing the provision to interfere with the Right
to Free Speech and Expression. As the present controversy proves, the
Supreme Court’s worst fears have been confirmed. The Bajrang Dal’s
threat that they will hound Arundhati Roy like M.F Hussain provides
further confirmation that ‘sedition’ will now be the new pretext for
censorship. When the British charged Gandhi with sedition, he famously
said, “Sedition in law is a deliberate crime but it appears to me to
be the highest duty of a citizen.” Expressing dissent about the
nation-state and re-imagining its future is certainly the right of
every citizen if not the “highest duty”.
[. . .]
Full Text at: http://www.sacw.net/article1672.html

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