India, Maharashtra, vijay kumbhar, News, Governance, RTI, Transparency, Civic Issues, Real Estate: Aseem Trivedi

“Maharashtra curbs criticism ofpoliticians”, “Anti-democracy guidelines on Section 124 IPC by Maharashtra government”, “You risk sedition charges for criticising politicians”, “Criticisinggovernment can be sedition in Maharashtra now’ , “fresh guidelines on sedition; draws Opposition flak”, “Criticise government, face sedition charges in Maharashtra”, Thus were the headlines on Maharashtra government’s fresh guidelines on IPC 124 .

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Reaction on this guidelines were very serious and with full of anger. I was also not exception for that. My first reaction on Facebook was also same. However careful reading of government resolution issued in this regard and High Court order shows that there is nothing much in that GR. Actually with this GR government has asked police to take adequate precaution before applying sedition charges on anyone.

These guidelines on IPC 124-Ahave been issued with regard to the assurance given to the Bombay High Court in the cartoonist Aseem Trivedi for his cartoons during the India Against Corruption movement headed by Anna Hazare. Aseem Trivedi was arrested by Mumbai Police in 2012 for drawing cartoons that allegedly insulted the national emblem and Parliament. The assurance was given in the HC when sedition charges were dropped against him.

Reproduced here are points in GR

(i) The words, signs or representations must bring the Central or State Government into hatred or contempt or must cause or attempt to cause disaffection, enmity or disloyalty to the Government and the words/signs/ representation must also be an incitement to violence or must be intended or tend to create public disorder or a reasonable apprehension of public disorder;

(ii) Words, signs or representations against politicians or public servants by themselves do not fall in this category unless the words/signs/representations show them as representative of the Government

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(iii) Comments expressing disapproval or criticism of the Government with a view to obtaining a change of government by lawful means without any of the above are not seditious under Section 124A;

(iv) Obscenity or vulgarity by itself should not be taken into account as a factor or consideration for deciding whether a case falls within the purview of Section 124A of

IPC,

(v) A legal opinion in writing which gives reasons addressing the aforesaid must be obtained from Law Officer of the District followed within two weeks by a legal opinion in writing from Public Prosecutor of the State.

Then why there is so much hue and cry about this GR?. Reason is simple. People strongly believe that literary genius in Mantralay i.e. bureaucrats issue circulars only to harass citizens or to protect their colleagues. It becomes a case of “you tell me the person and I shall tell you the circular”, thus putting into action only those circulars, which benefit the officers or their cronies. These circulars are always cleverly drafted. If some issue is to be evaded or to be framed, then the choice of words is so 'creative' as to abash even a litterateur. Perhaps these circulars would pass off as pieces of excellent literary talent.

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There can be a debate on validity of section 124 (A) in democracy. British colonial government felt the need to include this provision to suppress the liberty of the citizen India. How this section can be valid in Government OF the People, BY the People, FOR the People. But that apart. What wrong government of Maharashtra has done in this case? It has just sent guidelines while invoking section 124 (a) of IPC. The government has also clarified that the GR is not a government order and is only an advisory, which can be accepted or not.

Actually these guidelines are sent to avoid application of IPC 124 (A) . However it is the drafting of these guidelines that has caused entire debacle. Literary geniuses in Mantralay have once again succeeded in spreading confusion and doubt in peoples mind.

Saturday, September 5, 2015

Why is there so much Hue and cry over , Maharashtra Government’s guidelines on sedition charges ?