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Sedition provision gags free speech: Barun Das Gupta

This is a guest post by BARUN DAS GUPTA

The detractors of Arundhati Roy have found a fresh casus belli against her for her recent speech (Oct. 21) in New Delhi, on Kashmir. The participants in the polemics include such intellectuals as Swapan Dasgupta, a journalist and a BJP leader. The burden of their criticism is that Arundhati should be arrested for sedition because by her speeches she has caused hatred and disaffection towards the Government and actually championed the secession of a part of India, that is, Jammu and Kashmir.

Let us examine this matter of “creating hatred and disaffection” towards the Government, not from the legal point of view but from the political point of view. Section 124A of the Indian Penal Code says: “Whoever brings or attempts to bring in hatred, contempt or excites disaffection towards the Government shall be punished ……” Before proceeding further, let us note that the concerned section speaks of “disaffection towards the Government”, without specifying whether by “Government” the Central Government is meant or the State Governments. Since there is no explanation, it may be inferred that “Government” means both Central and State Governments. Continue reading Sedition provision gags free speech: Barun Das Gupta