Skip to main content

Human Rights Watch wants India's sedition laws amended, as they have jeopartised freedom of expression

A 2012 demonstration against N-plant in Tamil Nadu
By Our Representative
The Human Rights Watch (HRW) has strongly opposed “continued efforts” by government authorities in India to use the sedition law against activists and protesters. While the latest incident relates to immigration officials on September 16, 2014 preventing environmental activist SP Udayakumar from traveling out of the country because of sedition cases filed against him for leading protests at the Kudankulam nuclear power plant in Tamil Nadu, there is enough evidence why Parliament should act quickly to repeal the colonial-era sedition law, repeatedly misused to harass activists and protesters, it said.
The top international rights group in its statement issued from its New York headquarters has particularly taken objection to the fact that, to quote, “India’s sedition law, section 124A of the Penal Code, prohibits any words, either spoken or written, or any signs or visible representation that can broadly cause ‘hatred or contempt, or excites or attempts to excite disaffection’ toward the government.”
HRW said, “In a landmark ruling in 1962, Kedar Nath Singh v. State of Bihar, the Supreme Court said that unless the accused incited violence by their speech or action, it did not constitute sedition, as it would otherwise violate the right to freedom of speech guaranteed by the Constitution.” Despite this, it added, “Over the years various state governments have disregarded the ruling and accused human rights activists, journalists, writers, and a political cartoonist under the sedition law.”
Pointing towards how the sedition law is against the spirit of the International Covenant on Civil and Political Rights, which India ratified in 1979, the HRW said, the covenant “prohibits restrictions on freedom of expression on national security grounds unless they are provided by law, strictly construed, and necessary and proportionate to address a legitimate threat.” This suggests that the sedition law puts “the right to free expression itself in jeopardy.”
Specifically referring to the anti-nuclear protests in Tamil Nadu, where the law has been imposed discriminately, the HRW said, “Since October 2011, police in Tamil Nadu state have filed thousands of complaints against local residents peacefully protesting the Kudankulam plant, accusing them of sedition and other serious crimes. While formal charges have rarely been brought, the complaints leave those targeted at risk of perpetual harassment by the authorities.”
“Indian authorities are misusing the sedition law to intimidate local residents and others who oppose the Kudankulam nuclear plant,” said Meenakshi Ganguly, South Asia director HRW, adding, “The Supreme Court has repeatedly ruled that the sedition law should only be applied when there is clear incitement to violence. So instead of bringing weak cases to court, the authorities are just filing complaints as harassment.”
The HRW said, instead of allaying the concerns of the fishing and other communities who fear adverse impact on their health and livelihood because of the nuclear plant, “the authorities have accused over 50,000 people of sedition, waging or abetting war against the state, disrupting harmony, insulting national honor, criminal trespass, and unlawful assembly.” It added, “Over 300 police First Information Reports (FIRs) were filed, but after two years, Tamil Nadu police have brought charges in only two cases.”
Interestingly, the HRW said, “While the police reports accuse several people by name, thousands are unnamed, allowing the authorities to abuse their powers by arbitrarily adding other names later. In just one example, FIR 195/12, filed on May 7, 2012, lists SP Udayakumar and 25 others by name, and 2,225 unnamed people as the accused”.
Udayakumar is convener of the People’s Movement Against Nuclear Energy (PMANE), and he was stopped from going to Nepal on September 16 to participate in a United Nations consultation on human rights, and detained and interrogated at the New Delhi airport for over five hours. At 7 p.m., immigration officials released Udayakumar but told him that he should not try to leave the country. They said that Tamil Nadu authorities had put his name on a lookout notice, thereby restricting his travel.

Comments

TRENDING

Economist-editor's allegations on Narmada defamatory, baseless: Medha Patkar

Counterview Desk  In a reply directly addressed to well-known economist, journalist and columnist Swaminathan S Anklesaria Aiyar’s two articles in the Times of India (republished here and here ), calling them defamatory and wondering whether they were borne out of “ignorance or a conspiracy through political alliance”, Narmada Bachao Andolan leader Medha Pakar has said that the Narmada Sardar Saravar Project and the people's movement by adivasis, farmers, labourers, fish workers, potters and all the generations’ old communities from the river valley have suddenly come to be focused on, since the Gujarat elections are in the doorstep. She believes that while the “defamatory accusations with baseless conceptions such as ‘urban naxals’ are to be laughed at as the electoral strategic moves, one gets shocked to read the articles by a known old columnist like Swaminathan Ankalesaria Aiyar, published in a reputed daily like the Times of India." According to her, Aiyar’s two articl

Hindutva groups threat to peace, freedom: US diaspora groups tell FBI, other govt depts

By Our Representative  The Islamophobic and neo-Nazi ideology of Hindutva is a clear and present danger to peace and freedoms in the United States, a coalition of civil rights organizations told key officials of the U.S. Attorney General’s Office, the US Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI) at a recent event in Edison, New Jersey. At the event titled United Against Hate, activists from American Muslims for Democracy (AMD), Hindus for Human Rights (HfHR) and Indian American Muslim Council (IAMC) made detailed presentations on this ideology of Hindu supremacism that is committing mass persecution of India’s Muslims and Christians and is rearing its ugly head in New Jersey as well as across the US. Attending the event were David S Leonardis, Special Investigator from the New Jersey Department of Law & Public Safety; Michael E Campion, Chief of the Civil Rights Division for the US Attorney General's Office; and Jonathan R Norbut of the U.S. Dep

Business back to normal? IIM-A survey says, sales expectations have sharply improved

By Our Representative  The Indian Institute of Management’s Business Inflation Expectations Survey (BIES), which polls a panel of business leaders to find out their perception of slack in economy, including their inflation expectations, year-ahead cost expectations and the factors influencing price changes, such as profit and sales levels, etc., has said that the cost perceptions data indicates signs of moderation in price pressures. Carried out for September, the survey says, the cost pressure of the reporting firms has shifted from “very significant increase (over 6%) to moderate increase (3.1% to 6%).” It adds, “The percentage of firms perceiving over 10% cost increase y-o-y has declined. Over 21% of the firms in September 2022 round of the survey perceive that costs have increased very significantly (over 10%) – down from 26% recorded in August 2022.” Claiming to be a unique survey, in that it goes straight to businesses -- the price setters -- rather than to consumers or household

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Facing tough times, Rajasthan's Raika herders hold first-ever camel cheese festival

By Rosamma Thomas*  During the pandemic, the annual Pushkar camel fair in Rajasthan did not occur for fear of contagion; in 2022, it was called off again as lumpy skin disease affected cattle. At Sadri in Pali district, however, festivity continues – a two-day Camel Cheese Festival was held on November 23 and 24, 2022. Visitors spent time with the camel herds and their Raika, drank camel-milk tea with the herders and then returned to lunch at the Kumbhalgarh Camel Dairy, from where the Kumbhalgarh Fort is visible, to taste camel cheese. The Raika herders have been facing a tough time – camels are no longer used as much for transport or agriculture in Rajasthan. The animals have limited utility, but their milk is prized. Camel Charisma, the dairy at Kumbhalgarh, sends camel milk across the country to people who use it in therapy – for autistic children, improved blood sugar levels, or even to treat cancer. It is believed that the health benefits of the camel milk is because the animals

As polls approach, electorate 'failing to realise': Gujarat model is in a shambles

By DN Rath*  Gujarat assembly elections, scheduled to be held on 1 and 5 December 2022, is viewed by many as dress rehearsal for the 2024 Lok Sabha elections. When the suffering people have been pointing towards redressal of some local issues like absence of cleanliness, sewage problem, shortage of water supply, troubles created by stray cattle, insufficiency of streetlights, etc., it is evident that they are not fully aware that assembly elections are being fought on ideological standpoints and policy decisions. Nor is there the realisation that the state is in a shambles and the much-trumpeted ‘Gujarat model’ of development has proved to be a hoax. Like other states, the people of Gujarat are also back-broken by steep rise in prices to the tune of 400% in last 20 years. It is not that the government cannot control the spurt in prices if it so wants. Apart from the fact that price rise is an inevitability in a capitalist economy, artificial shortage triggered by massive hoarding, b

Amit Shah accused of inciting communal passion: Demand to postpone Gujarat polls

Counterview Desk  In an email representation to the Election Commission of India (ECI), Dr EAS Sarma, former secretary to the Government of India, has objected to the statement reported to have been made by Union home minister Amit Shah, who allegedly justified the 2002 Gujarat riots stating that certain sections of people “taught a lesson” to the rioters. Noting that the statement, if correct, “in effect implies those other than the law enforcement authorities had taken law into their hands”, Sarma says, “Shah's statement needs to be viewed by the ECI in conjunction with the reported fact that it was the Union Home Ministry that cleared the release of the eleven rape convicts in the Bilkis Bano case, directly related to the infamous Godhra incidents in 2002, which triggered the shameful sequence of events that shook the nation's conscience.” According to Sarma, if the statement is true, “I am constrained to draw the inevitable inference that it would have already impacted th

BJP poll gimmick? Bilkis Bano rape case 'pardon' vs Rajiv assassins' release

By Sandeep Pandey*  Supreme Court has released six convicts in the Rajiv Gandhi assassination case. This was bound to happen as earlier AG Perarivalan was released in the same case, setting a precedent. Even though four of them are Sri Lankans but a popular Tamil sentiment favoured the release of these convicts which is why Tamil political parties supported this and resolutions were passed by different governments in Tamil Nadu to his effect.  Rajiv Gandhi paid the price of sending Indian Peace Keeping Force to Sri Lanka where it got entangled with Liberation Tigers of Tamil Eelam and eventually the whole operation ended up is a fiasco.  However, most importantly Sonia and Priyanka Gandhi and probably Rahul too do not have any objections to the release of these convicts. In fact, Sonia Gandhi played an important role in getting the death sentence of the only lady among the convicts Nalini commuted to life term through the Tamil Nadu Governor. Priyanka visited Nalini in Vellore Jail and

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Diminishing returns: Hydro projects contribute less than 10% of India's power generation

Counterview Desk  Pointing out that India’s hydro generation remains around 10% for the last six years, the advocacy group South Asia Network on Dams, Rivers and People (SANDRP) has said that power generation from hydropower projects continues to show diminishing returns, as has been the story close to three decades now. Yet, says SANDRP in a note, the Government of India continues to push large hydro by announcing a slew of additional subsidies for hydropower projects, more for political economy reason. In fact, attempts are being made to flog unviable hydropower projects with various kind of manipulations, illegalities and violations, it adds. Text : In last six years, from 2016-17 to 2021-22, India’s large hydropower projects (projects above 25 MW installed capacity) have contributed just around 10% of the total power generation, going as low as 9.68% in 2017-18. In fact, in three of these six years, large hydro contributed less than 10% and recovering only marginally in the rest,