Freedom of Expression is one of the most important fundamental rights enshrined in Indian constitution.
With freedom, however, comes a responsibility to exercise this right in the correct spirit. Abuse / overuse / misuse of any power, right, entitlement, benefit can be bad, as it happens in all walks of life.
While freedom of expression is the touchstone for any democracy to function, at times such freedom can be used by disgruntled elements for sinister purposes. The emergence and growth of social media has fuelled the general propensity of people to claim their 15 minutes of fame by propagating anything. This tendency must be curtailed, and citizens have to be more responsible.
What you feel within you is one thing, when you start expressing it in public and at times, with an intent to influence others, can be dangerous. It’s like you consuming alcohol, as long as you pay for it and mess up with your own health, it’s none of my business. The moment you start misbehaving with others or driving in a drunken state, it becomes a problem for the society.
However, what is the fine line beyond which such expressions take the color of sedition is debatable. India’s current law on sedition is an inheritance from the British = it was enacted to oppress and suppress any voice against the ruling dispensation. The mindset behind the criminal laws was colonial and punitive against who was not a yes-person. The law was certainly not enacted in a democratic set up with equal rights to all, so there was no scope for any dissent. The law was used to silence the biggest critics (in Britishers’ eyes) who were the biggest patriots (for India and Indians).
So, what has been the difference on sedition provisions in a colonial rule and a democracy in India? None. The Central and State governments has knocked off or amended thousands of obsolete and outdated legislations, but nothing on sedition.
Whether the same mindset on part of the State holds good in India after attaining independence 75 years back is a big question again. Hasn’t the situation changed since independence? Shouldn’t the law afford any room or more for any dissent against the ruling class still?
The same colonial, draconian, suppressive law is being used against thinkers, cartoonists, journalists and political opponents of all shades by the State – not surprisingly, all parties oppose it when in opposition and invoke it when in power. As per a Times of India report, during 2015-2020 548 people have been held on sedition charges, only 12 convicted. If nothing else, it shows an overreach on part of the State.
After vociferously defending the draconian law in the Supreme Court two days back, yesterday the Central Government has informed the Supreme Court that it would be re-examining the law.
Whatever be the driver of this rethink, it is a welcome step. Whenever the government re-examines any laws for the sake of public liberty, it should not be taken as climbdown, volte face or anything or that sort. It should be seen as true sign of a democracy, a regime that is concerned about its citizens and their life and liberty and must be welcomed wholeheartedly.
I wish something positive emerges out of Central government’s consideration and we can have a more liberal regime for civil liberties with proper checks and balances. At the same time, no right can be absolute and citizens must behave responsibly too.
