*ALL INDIA SEMINAR  *

*On*

*Attack by the State on the Life and Personal liberty of its people in
Democratic India: *



*Examining the Law on Sedition, other Draconian Laws and Human Rights
Violations of Citizens under Ordinary Laws *



*7th -8th May, 2011 (Saturday and Sunday)*



*Gandhi Peace Foundation, 223 Deen Dayal Upadhyaya Marg, Delhi*



*Dear friends, *



The People's Union for Civil Liberties is organising an all India seminar on
the 7th and 8th of May, 2011 in Delhi on the "Attack by the State on the
Life and Personal liberty of its people in Democratic India: Examining the
Law on Sedition, other Draconian Laws and Human Rights Violations of
Citizens under Ordinary Laws." The objective of the Consultation is to

·         discuss the alarming proportions of suppression of  the people's
freedom of speech and expression and frequent attacks on the dignity of
common citizens

·         understand the historical basis of the sedition law and other
draconian laws within the framework of the Indian Constitution and
International law and share experiences of the victims of these laws

·         state of life personal liberty and dignity of the common man under
the Ordinary law of the country

·         Outlining a charter of citizens’ demands from the government
against deteriorating situation of rights and liberties of individual



People's Union for Civil Liberties along with several democratic and human
rights organisations is alarmed at the increasing assault by the State on
the freedom of speech and expression of the people and the frequent attacks
on the dignity of ordinary citizens. Every day democratic dissent, the right
to protest, stage rallies and *dharnas*, is under threat. Assertion of ones
rights which is central to democracy is criminalised through a number of
ordinary laws.



Government's are increasingly becoming so intolerant that there is an
arbitrary use of sections called offences against the Indian State. As is
well known, the law on sedition, Sec 124 (A) of the IPC, is one of the most
vaguely defined and abused draconian sections of the Indian Penal Code
wherein no crime needs to be committed in order to be booked by the State
and be sentenced for life. The manner in which it is being applied presently
by the police in various states of the country clearly shows that it has
become the latest tool to silence dissent and any interrogation of the
government's policies and actions. The victims are a wide ranging lot. They
include those who speak up against repression in Kashmir and states of the
North East or those who speak up and counsel the government for restraint in
dealing with the militant Maoist movement or even some non violent social
movements.

The most recent cases of the use of the sedition law to clamp down on the
freedom of speech and expression have been the conviction by a trial court
of Dr. Binayak Sen, Vice President of the PUCL who helped expose Salwa Judum
and other atrocities committed by the Chhattisgarh administration;
proceedings against Dr. Rati Rao, editor of the Karnataka PUCL's in-house
Kannada publication for criticizing the communal agenda of the Sangh Parivar
and questioning extra judicial killings by the State Police; Orissa's Lenin
Kumar, Editor of Nishaan Magazine for publishing articles critical of the
Kandhamal communal violence,  Piyush Manush of Salem in Tamil Nadu for
raising questions on the Dantewada violence in Salem; PUCL, organising
secretary of UP, Seema Azad for allegedly "providing shelter to Maoists".



Despite the first PM of India Jawahar Lal Nehru calling it an obnoxious
section in the statute books, the sedition law (section 124-A of the IPC)
remained in the Penal code after independence.



Even the Supreme Court of India was struck by the incongruity of a sedition
law in a constitutional democracy like India and pronounced that section
124(A) or the law of sedition was to be limited to acts where there was a
clear intention or tendency to create disorder or incitement to violence.
But unfortunately the Indian establishment and rulers have time and again
resorted to the misuse of the section 124(A) for punishing people critical
in even mere words and non-violent action of the misdeeds of the existing
regime. Of late, a section of the judiciary in the lower courts and the High
Courts has actively endorsed and put its seal on such undemocratic action of
the Government, overstepping limits imposed by the Supreme Court on the
undemocratic use of the law of sedition, the conviction of Dr. Binayak Sen
being the latest in this series.



Along with the misuse of the above, successive governments in the centre and
the states have found newer ways by enacting various draconian laws to
silence criticism in the name of national security and public safety. Dozens
of  such laws are in force in the country presently. The struggle for the
repeal of the Armed Forces Special Powers Act, 1958 has been one of the
longest surviving campaigns against a special law which totally violates
people's life and liberty and disrupts normal existence in the states of the
North East and Kashmir. Similarly, the Unlawful Activities Prevention Act,
2004 and 2008 (UAPA), the reincarnated POTA, has been widely used to keep
people behind bars for long periods in the facade of fighting terrorism and
militancy in country.



The time seems appropriate to have a discussion and examination of these
issues thoroughly so that we can move towards repealing or amending laws in
consistent with our constitutional ideals and our democratic and human
rights. We must also plan a people's campaign to protect our fundamental
right to dissent in a democracy.


We would take this opportunity to invite all fellow Human Rights workers,
members of Democratic and Civil Liberties organizations, legal experts and
others to this two day meeting so that we may have discussions aimed at a
tangible course of action on these issues.  The meeting is contributory in
nature and people would pay for their own travel. Regarding , food and stay
a registration would be announced soon.

Yours Sincerely

*Prabhakar Sinha* (President); *Pushkar Raj* (General Secretary)



For logistical details please contact Kavita Srivastava at
[email protected], ph. 09351562965

 *Tentative Schedule*



*7th May (Saturday) Day I*

*9.30 a.m. -                   Registration*



*10.00 - 11.30 a.m.:      Inaugural Session *

·         Introducing the subject: Prabhakar Sinha, President , PUCL

·         Inaugural Address: Justice JS Verma, Ex-Chief Justice Supreme
Court of India

·         Guest Speaker: Shri Anhdhyarjuna, Senior Advocate, Supreme Court
of India

·         Concluding observations: Pushkar Raj,  General Secretary, PUCL



*11.30 a.m. to 11.45 a.m.: Tea*



*11.45 am to 1.00p.m.:  Examining Sedition and Allied Offences against the
State *

Chairperson: *Justice Rajindar Sachar*, former PUCL President

*Speakers: *

·         V. Suresh

·         Siddhartha Narrain, Alternative Law Forum, Bangalore

·         PUDR Representative

·         Open Discussion



*1.00 p.m. to 2: 00 p.m.: Lunch*



*2 p.m. onwards: *

*Draconian laws and their application in the country, Sharing Experiences
from the States *

Chairperson:  *Ravi** Kiran Jain***

*Speakers:*

·         Sanjay Parikh, Senior Counsel Supreme Court

·         Prof Ujjwal Singh, Delhi University

·         Sudha Bharadwaj, PUCL, Chhattisgarh

·         Vrinda Grover

·         Roma, NFFPFW

·         Sujato Bhadro, APDR, W. Bengal

·         Pramodini Pradhan, PUCL, Orissa

·         Nishant Akhilesh, Shashi Bhushan Pathak, Jharkhand PUCL

·         Representatives from PUCL and other organisations from Gujarat,
North East and other states



*3. 30 p.m.                    Tea*



*3.45p.m. to 5.15 p.m.: *Session continues:

*Application of Draconian Laws and Sharing Experiences from the States*

Chairperson: *Sanjay Parikh*



*6 p.m. onwards:          *Cultural Expressions

* *





* *

*8th May (Sunday) Day II*





*9. 30 a.m.        Onwards*



*State of life, personal liberty and dignity of the common man under the
Ordinary law of the country *



*Chairperson*: Dr. Binayak Sen, Vice President PUCL

*Speakers*:



·         Ravi Kiran Jain

·         Maja Daruwala, Director, Commonwealth Human Rights Initiative

·         Representatives from PUCL and other organisations





*11.00 a.m.:                  Tea*

* *



*11:20 - 1.00 p.m.         Earlier Session Continues*



*1:00 – 2:00 p.m. Lunch *

* *

*2:30 onwards:             The Way forward: suggestions for preparing a
charter of demands*

*
*

*More names will be included. and the seminar is open to interested
individuals.  *

* *

* *



-- 
Kavita Srivastava
(General Secretary) PUCL Rajasthan

Address for correspondence :

76, Shanti Niketan Colony, Kisan Marg, Barkat Nagar, Jaipur-302015
Tel. 0141-2594131
mobile: 9351562965

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