State
charges the Nation (Almost anyone) with Sedition and (Almost the whole)
Nation i.e. Everyone else (People outside the government &
non-supporters of BJP) charges the State of not-being Secular. Between
these sensationalised senseless extremes lies a sensible and a sober
reality which is often missed by the majority of the people. People, who
are either in the government machinery or who stand amongst the rest of
the others!
Before
touching on the latest J.N.U. Kanhaiya Kumar issue, let us a take a
step back in history, for it is in the annals of history lies the
answers for the anarchy of the day and it is from there, can we see the
anachronistic things as the misplaced things they are.
1834
- Lord Macaulay enters in India. "LEARNS" about "India", the languages,
the people, education system and laws and proposes the EDUCATION
SYSTEM.
1835 - Chairs the First Law Commission....
1850s - Final Draft.
1857 - Revolt of 1857 or Sepoy Mutiny.
1860 - IPC passed !
(Amended a few times)
1947 - India Partitioned and freed.
(Amended again and again and...)
2016 - TODAY!
Nobody can deny the fact that IPC is one of the better penal codes in
the world regardless of it's origin. Although Macaulay was a man of
British (European) Chauvinistic thought and that he rebuked the native
languages, who wanted to EDUCATE the locals according to the needs of
the company, the man who influenced the future Prime Minister and
Saviour of Britain in the Second World War, Winston Churchill.......,
the IPC, which was his brain child, which had crossed the
sesquicentennial is a wonder! Add the wonderful Indian Democracy with
it, the IPC has grown out to be an organic code which essentially rules
the 80% of South Asia under a different name!
Now Let us focus only on the Section 124A - Sedition in a slight detail.
One can see the various changes the section had underwent during the various times!
"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. 2[* *
*] the Government established by law...."
In a country like ours, that is in a democracy, the role of the Press
and the Opposition Parties are exactly the same! Although the end/motive
is different the means are the same! So it is easy to interpret a
genuine opposition or a democratic protest for an act of Sedition!
Please take a look at the following cases in TN.
S.P.Udayakumar - Idinthakarai - Protests against Kudankulam Nuclear Power Plant
Now let us take a detour to Fundamental Rights!
Art. 19 of our Constitution ensures Freedom of Speech. Of Course with
the usual T&Cs of REASONABLE RESTRICTION as in a Mutual Fund
advertisement.
*Fundamental rights of an individual are subject to others' rights and
the State's rights, please read the constitution carefully before
exercising them.
Before we move on let us look at the twin of the Fundamental Rights, the Fundamental Duties!
(Yes, I sourced it from Wikipedia. Simpler than typing them all!)
—It shall be the duty of every citizen of India —
- to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
- .....
- .......
- .......
- ..........
- ...........
- to develop the scientific temper, humanism and the spirit of inquiry and reform;
- to safeguard public property and to abjure violence;
- to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
- who is a parent or guardian to provide opportunities for education to his child or ward, as the case may be, between the age of six and fourteen years.
The key point here is SPIRIT OF INQUIRY AND REFORM - Please think over it!
Now let us move a little in the Time-Space continuum and shift to U.K. in 2009!
The country that took a lot of things from us including Koh-i-noor and
gave us the I.P.C. amongst many other things. In 2009, U.K. abolished
the crimes of Sedition, defamation among other things!
Let us, finally come back to February 2016 - Kanhaiya Kumar taken
into custody and charged with Sedition and BRANDED as Anti-National in
the Social Media!
The Word Anti-National is being used very loosely by some senior
respected politicians, also by some senseless politicians and many
spiteful hatemongers! The lunacy of the people peaked and the common
sense fell abysmally low.
"Senseless Celebrities" called for the SHUT DOWN OF JNU, Juvenile Jokers
called for the Public hanging of Kanhaiya Kumar... All the while
forgetting the fact that India is a Democratic country that is run by a
Constitution in which Rule of Law is supreme and not by some Social
Media. In the due course disregarding the constitution and thereby
becoming the REAL ANTI-NATIONALS!
If that was an epic low of sensibility among the Netizens, the stupidity
of the Cheap-Creeps peaked by sharing the Mobile number of Kanhaiya
Kumar and asking the "PATRIOTS" to deal with him!
Mindless Maniac Running Wild or ranting wild! |
People think they are so anonymous when one can easily hack all these accounts! |
Having said all of the above, I don't argue that people are supposed to
have a free run over causing harm to the Secular fabric of the nation or
the Federal nature of the country. There are ample of sections in the
IPC which can accommodate all the actions of destruction of public
tranquility or public property etc.,. The necessity of an archaic law
that is a reminder of the colonial rule and a stain on the judicial
system is nowhere to be felt or seen, unless if India wants to move away
from it's pluralistic origin and democratic nature! It is like the
Section 377 of the same I.P.C. which didn't grow up with the time.
The anachronistic law acts as nothing but a weapon of the Government to
intimidate the opposition in all ways and to move away from a Democratic
ideal and to move towards an autocratic regime!
It is time for the government to listen to the wise words! |
From the Video found on Twitter, it seems that the Kanhaiya Kumar is
anything but an Anti-National. His conviction seems to be rooted in the
ideals of our constitution and his allegiance towards the nation is
beyond doubt!
The Sensationalism that is increasing by the day and fueled by media,
opposing idealogies, opportunistic political parties, in all the fields
should recede and give way to a more sober sensibility for the people to
move forward, together as a nation!
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