Freedom of Speech

Democracy and Rule of Law

What the AMU sedition row tells us

If there is a bona fide conspiracy against the Indian State, there are enough laws in the statute book to look into them. A mature, liberal democracy cannot fight its own citizens. The Law Commission in its August 2018 report pointed out that “while it is essential to protect national integrity, it should not be misused as a tool to curb free speech. Dissent and criticism are essential ingredients of a robust public debate on policy issues as part of a vibrant democracy”.

February 16,2019

Analysis

Sedition and State Sanction

Delhi Police, firstly, filed the charge-sheet with such serious allegations after almost three years from the date of incident, and secondly, since one of the charges alleged against Kanhaiya Kumar and others is of sedition which falls under Chapter VI of the IPC, the police is bound in law to obtain sanction from the appropriate Government, in this case from the Government of Delhi, which they have not.

January 29,2019

Republic Day 2019

Open letter to P Chidambaram: Include promise to repeal sedition law, Section 124-A, IPC in 2019 manifesto

We would like to reiterate the request that the Congress Party consider the inclusion of repeal of Section 124A in its 2019 election manifesto. I hope that State Governments in Rajasthan, Madhya Pradesh, Chhattisgarh, Punjab, Puducherry and Karnataka will also be urged to take immediate steps for its repeal through State Amendments in order to send a salutary signal to the present Union Government and the BJP ruled states that harassing citizens for exercising their democratic right to question the government and its agencies goes against the idea of India.

January 26,2019

History and law

One year of BhimaKoregaon case: Part III

All the activists arrested in the Bhima Koregaon case are left-leaning lawyers, academics and organic intellectuals who are extremely popular among the Dalit-Bahujan communities in Maharashtra and also in other states, because of the stellar work they have been doing over the years. The two sets of arrests — on June 6, 2018 and on August 28, 2018 — were based on one FIR filed on January 8, 2018. Shoma Sen, Surendra Gadling, Sudhir Dhawale, Mahesh Raut, Rona Wilson as well as Sudha Bharadwaj, Arun Ferreira, Vernon Gonsalves, Vara Vara Rao, were arrested, while attempts to arrest Anand Teltumbde didn't succeed, and Gautam Navlakha was granted relief by Delhi High Court. While a 5000-page chargesheet has been filed, the glaring inconsistencies in the document will go down as a huge a blot on Indian democracy.

January 9,2019

Freedom of Speech

Where are legal safeguards to criticism?

When governments, both central and state, are not tolerating genuine criticism of governmental actions, and the courts are not doing much to protect the freedom of expression, a recent judgment by the Kerala High Court introduces a fresh breeze in an otherwise tense environment, where the voices of only some kinds of majorities are being entertained, while voices of minorities are being suppressed. Also, the judgment goes a long away in furthering the labour rights of employees, to express their opinion, even if it amounts to criticism of their employer or superiors.

January 7,2019

History and law

One year of Bhima-Koregaon case: Part II

Early on the morning on January 1, 2018, innocent Dalits who had gathered at Bhima Koregaon, a small village about 30 kilometres from Pune, to offer their salutation to the victory pillar, were attacked by people holding saffron flags. The saffron-flagbearers  attacked one and all, pelted stones, torched shops and vehicles. Many innocent Dalits got injured and one person succumbed to the injuries suffered due to stone-pelting. The news spread like wildfire and so did its videos and messages. Agitated Dalit and Bahujan activists took to streets, holding up traffic all across the State.

January 6,2019

History and law

One year of BhimaKoregaon case: Part I

As the legend goes, on the eve of January 1, 1818, about 800 furious soldiers of the British army defeated the 28,000-strong Peshwa army. This victory over the Brahmninical “Peshwayi” is celebrated by the Bahujans in Maharashtra every year by visiting the obelisk that was built as a memorial for the battle and its martyrs.

January 2,2019

Freedom of Speech

Free Speech in India 2018

The range of curbs on free speech, with unreasonable and often illegal clampdowns from various quarters – the State, both at the Centre and respective state governments; non-state actors and vigilante groups; corporations and industrialists, provides a glimpse of the challenges ahead as India heads into a national election that promises to be one of the most fiercely contested amid an increasingly polarised polity.

December 31,2018

Democracy and Rule of Law

Citizen Varavara Rao versus Indian State

As part of the state-wide protest call, in many districts people held demonstrations and in front of Varavara Rao’s house also a demonstration began in the morning. Various students, youth, writers, workers organizations participated and spoke at the demonstration. Several songs against state repression were sung. It was like a full-fledged public meeting, as it was on one of the main roads in the city.

November 19,2018

Freedom of Speech

RSS-motivated decision to remove Kancha Ilaiah’s books

The RSS-affiliated teachers who are members of bodies like the Academic Council and Executive Council are attacking Kancha Ilaiah, Christophe Jaffrelot or any thinker/scholar who has expressed criticism of the RSS or Hindutva ideology. They are thus fabricating false pretexts and flimsy excuses to have all critical and divergent opinion removed from DU syllabi and curriculum.

October 29,2018

Public Statement

IAPL condemns the threat to arrest Justice H Suresh

IAPL condemns the threat issued by Shivaji Pawar, ACP, Maharashtra Police to arrest IAPL’s President Justice Hosbet Suresh (Retd.) and the most alarming portrayal by him of IAPL as a frontal organisation of CPI (Maoist). IAPL believes that such attacks on Judges and Human Right defenders which includes lawyers and organisations, require to be understood in the in the light of rising authoritarianism and fascist attacks in the country.

October 22,2018

Constitutional Law

Whither ‘right against moral paternalism’?

The right to privacy squarely includes an individual’s right to make a moral choice, whether it is with regards to marriage, food, attire, ideology or religion, inter alia. While there is not much judicial discourse on this essential right against moral paternalism, the Kerala High Court recently passed a remarkable judgment recognising an individual’s right against moral paternalism.

October 1,2018

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