“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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Photo Courtsey https://whennoodlesdream.files.wordpress.com
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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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| Photo Courtsey truthdive.com |
(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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Photo courtesy http://www.binayaksen.net
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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.
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