“Take again Section 124-A of the Indian Penal Code,” Jawaharlal Nehru said during a parliamentary debate centred around freedom of speech in 1951. “Now as far as I am concerned that particular Section is highly objectionable and obnoxious and it should have no place…in any body of laws that we might pass. The sooner we get rid of it the better.” Ironically, the sedition clause not only remains on the statute book but is used periodically against human rights activists, journalists and intellectuals. The latest victim of this anachronistic colonial era law, for which the maximum punishment is life imprisonment, is a young cartoonist, arrested for no more than lampooning the corrupt and venal state of affairs in the country. Even if one were to admit, for the sake of argument, that some may find his work offensive or in bad taste, it is bizarre and unpardonable that he should be put behind bars on charges that include exciting “disaffection” towards or bringing “hatred and contempt” against the government. The use of sedition to silence speech has a long and infamous history in this country. When Mahatma Gandhi was charged with exciting disaffection in 1922, he pleaded guilty, saying cheekily that “affection cannot be manufactured or regulated by law.” Prosecuted twice, Bal Gangadhar Tilak sought to know whether he was guilty of sedition against the colonial government or India’s people. Recently, the sedition law was misapplied to convict civil rights activist Binayak Sen and register a case against writer Arundhati Roy and others for speeches they made on Kashmir.
While upholding the sedition law, the Supreme Court said it should apply only to cases where an accused person intended to create public disorder or incite violence (Kedar Nath Singh v. State of Bihar). However, in carrying out arrests and slapping charges, the police and their political masters have rarely, if ever, respected this restriction. In the wake of the ruling against Binayak Sen, Veerappa Moily, then Law Minister, had announced there was a need to review the sedition law. With the continuing misuse of the law, however, there is only one reasonable course: scrap it at once, and quickly. It is no accident that the other charges against cartoonist Aseem Trivedi are the controversial ‘hate’ and ‘insult’ provisions in the Information Technology Act and the Prevention of Insult to National Honour Act. What constitutes an insult, what causes offence, and what can be construed as hate are deeply subjective issues. This ambiguity gives governments the legal handle to exercise an insidious form of censorship and control that goes well beyond the “reasonable restrictions” on free speech that the Constitution allows.
Keywords: cartoonist Aseem Trivedi, sedition charge
It seems many has no option, but justify what Trivedi has done, simply
because our politicians are corrupt. Why didn't Trivedi make a cartoon
of these corrupt politicians? Why he chose a national symbol which
doesn't have any guardian, ironically? Many seems to be guardians and
promoters of "freedom of expression and feelings". People say we don't
have to respect the symbols to show nationalism, but then how do we
prove we respect nationalism? Will we say "I don't care your picture
of Mahatmaji's has the face of a pig as you got freedom in 1947 just
like me, but I LOVE & RESPECT Mahatmaji"?
We shouldn't be surprised to see undergarments made of national flag,
and whisky bottles with national emblem on it. We will blame our
politicians for corruption, "shoot them" on "full bottle" and vote for
them in the election. We will preach "don't have to go to church/
temple/ mosque to be a believer" but will keep going again.
To what extend one can stretch his freedom of expression?
The symbols are never bigger than the stuff they represent. The national symbols represent the nation. If sedition is charged on Mr. Trivedi for insulting the national symbols, then shoot at sight should be ordered on the politicians who insult the nation by their acts. Ironically they only charged sedition on Mr. Trivedi. even god cant help India now.
Few knew Aseem...now the whole country knows him and his cartoons...well done government of India...its an impetus to the fight against corruption...:)
There seems to be a brand of readers who still continue to think in the vein of symbolisms and allegories. Grow up! Nationalism is not based on something trivial like a symbol. If that be the case, the parliament has been tarnished and raped many decades ago by none other than the self proclaimed leaders.Think rationally and base your actions not on emotions but well thought out interests of the people.It is amazing to see that people still fall for the symbolism trick.What next, unless you have the tatoo of the Ashoka stupa on your chest you are not Indian ? This sedition charge is a vengeful attitude of a pre-colonial era government.
I have seen some of the cartoons. I'm inclined to say they are derisive of the national symbols and thus, are an insult to them. But I support Freedom of Speech and Expression. I would suggest that the cartoonist must be warned of his actions at least once and if he/she still recklessly ridicules national symbols then the person must be penalised with a hefty fine and/or given 3-4(whatever appropriate/deterrent) months prison time.
Wow looking at all the responses above one thing is heartening and that is INDIANs are awake and they know what is right and what is a just mockery.I support review of Article 124-A.Infact, removal of it will do justification for peoples outrage over it.I find it another bad ritual left over by the colonials in our democratic society where life is not fear-ridden or subjected to mere ambiguous articles restricting free expression.
The cartoons are somewhat offensive, in my opinion. However, as one of my friends said, so is reality. Thanks to the outrageous arrest we now know about a cartoonist who we would otherwise never have heard about.
I don't see anything wrong in the cartoons. Artist has figured what is going on in the present scenario in the nation. Govt. is not ready to take any actions against those are involved in the major scams but they are keen to arrest the artist, media and civil societies. These all are not healthy practices for the Democracy.
If the powers that be are smart, they will initiate an online poll to take people's opinions on Mr. Trivedi's cartoons. After all if his cartoons are on his website, the first line of people who will see them are our internet users. If the majority of us have no problems with his views expressed through his cartoons, the matter is settled democratically. If the majority of us have objections, then he can be instructed to take them out. Can it be simpler?
Why are our government officials behaving like they are not even adults?
I am not surprised to see people around me treating democracy and national
symbols as something which is above the citizen! There is a sense of false pride and
hypocrisy blowing around.
Constitution has become the "holy" book. Sansad has become "temple" of
democracy. Ashoka Pillar has become "sacred". That slave like mentality has
possessed India.
Drawing cartoons is definitely not an act of sedition;and Mr. Aseem Trivedi doesn't deserve this extreme sanctions. But there is a limit and Mr. Trivedi should have exercised some self-restraint in depicting our Constituion,Sansad,Ashoka Pillar and all our National Symbols in a derogatory manner. Such symbols,they are not just symbols,but our heritage,should be praised and not insulted by our own people. Will any American depict his/her National Symbols like that? Self introspection is the need of the hour.
We have the freedom of expression. Arresting a cartoonist on the grounds of sedition shows that India is not a tolerant democratic nation. Applying archaic laws proves that India is far behind compared to other democratic nations
Section 124A of the Indian penal code is the law which Britishers framed after the 1857 revolt to suppress the nationalist ideology in Indians.Today the same 124A section is used by our political leaders to supress the anti corruption activists in our country.
Yes... but the question remains to be answered is that who is culprit one who defaced the symbol or who defaced the original..
The charges are laughable. The case should have not been allowed by the court in the first instance.
India needs a cultural revolution. The sooner the better. It is high time that all like-minded people get together and contribute in every way they can to make things better for the future generations.
Born after 2 years of Indian Independence from British rule, the stories we heard and read about freedom struggle, young people's sacrifice of education/career/jobs, women giving up gold ornaments and filling up jails along with men, their implicit faith in Gandhi-all these and many more are still fresh in our minds. There is only one song i would like to quote here with slight modification:'Come back Gandhi!'Come and save India from Indian rulers'.
Are the law makers have enough respect for constitution and its symbols. How many of them showed disrespect to Fundamental Rights and Directive Principles of State Policy.
What are they doing inside parliament? What about cash for votes scam? If journalists and cartoonists are not allowed to express their views who will express?
We say that we got freedom, I don't see anywhere freedom at all. Now the Congress Govt is behaving more like the British Govt to suppress the people voice. This is all very sadistic. What can we expect ? Where is democracy.
I don't know where the Indian governance is heading and intending to do..Political leaders have no intention of massacres,child abductors but they are pointing their fingers towards a poor cartoonist..There are so many long existing problems which had have no solutions still..Yes!! the cartoonist went overboard of venal state affairs but giving lifetime imprisonment not a fair punishment to his..It's better to find a punishment that can fairly applicable...
That would be my advice: THE GOVERMENT SHOULD BE BOLD ENOUGH TO TAKE
CRITICISM WITH AN OPEN MIND.
The fundamental right to Freedom of Speech and Expression is not absolute. It is tempered with certain restrictions on the citizens, who would like to use this freedom. Cartoonists, similarly, should not cross the Lakshman Rekha drawn around this right to protect the decency and dignity of the institutions and the other citizens. That the cartoonist Aseem Trivedi is the supporter of Anna Hazare and the voluntary organization India Against Corruption alone does not guarantee him any special privileges the other citizens do not have. Let the rule of law run its course. If IAC is agitated over his arrest, they are at liberty to legally challenge this. Let us not use the web to misuse and abuse the freedom of speech and expression.
Mr. Tripathi really made mistake. No one should right to raise question against our National Symbols and Emblem. If any one has problem with person/Minister and their Corruption then it could be notice rather then India's Symbol. so the charge is right over him.
The strong condemnation by PTI is a good gesture.we must pitch in with rest of the country to scrap this section which has now become a tool for the governments to punish anyone on the name of unjustified sedition charges.
Those people who designed & spread hate pictures & SMSs about the Assam violence are free. Those people who gave hate speeches against the government & media in front of a police officer are eating biryanis in their homes. This man who wants to see India free of corruption is jailed. Congress mahan hain. Manmohan Singh ji, your silence is ruining India !!!
I do find some of Aseem Trivedi's cartoon offensive - e.g. Rape cartoon and Digvijay Singh emerging out of manhole. However, that is not to say that he doesn't have the right to offend. Offensive cartoons cannot, by any stretch, be called seditious even though it may so in the Republic of Aesthetics. Sedition as it stands defined is causing disaffection against the government. However, India is more than the government. The appropriate response should have been to deny oxygen of publicity to Aseem's cartoons. However, the Government Quixotic actions has ensured quite the opposite.
It is nowhere define in our constitution that upto what extent of an act may be treated as sedition. An amendment to the constitution may be required to handle such type of situation. The moral and the theme of the cartoonist is absolutely fine but the way he has shown is quite controversial. An enquiry must be set up to see the consequences of the cartoons on people and govt. Trial must be done otherwise it would encourage others to do the same.
There is no comparison between sedition charges slapped on freedom fighters and Mr. Aseem Trivedi. This guy's cartoons are in bad taste. Sedition might be a bit on the tough side, but since the media doesn't regulate itself and strongly resists any attempts at outside regulation, toughness is warranted.
I would say Trivedi has done greatest service instead ,I salute him. People of a nation, in my view are the real emblems of that nation, not some lifeless symbols.Dont people, the real national emblems, get insulted everytime a VIP's carvan stops all traffic on the road? Dont people get insulted when our investigating officers are no longer acting loyal to the law but to whosoever currently holds political power? A biggest insult to the nation occurs when enquiry committees are set up knowing fully well they would only be wasting tax payer's money.Our Police Stations with foul mouthed officers, who treat common man with contempt and arrogance are the biggest threat to the respect of our national emblems.When state govts shirk giving consent to Police Reforms, I guess they are being seditious.
By observing what is going on in the "Temple of democracy" , one would indeed loose all respect for our democratic system and it's leaders. A creative artist may express it in a better way than many of us. It needs to be taken with the appropriate spirit only. Else, some day our own children will laugh at these leaders for their parliamentary performance.
The Law of Sedition is Draconian!. Moreover it is the charge which denigrates the 'sentimental'and 'Emotional' well being of an individual. The feeling can be compared by a patriotic armymen being court marshaled for no reasons; a blot which takes away all his previous efforts in a go.
The case of Aseem Trivedi is really full of agony and pain; the crackdown from govt. threatens the democracy of our country. The corrupt regime amid 'policy paralysis' undermines the case as politically motivated.
Is this law India's answer to Pakistan's blasphemy law?
While, I disagree on the applicability of the sedition law on the cartoonist, he should have been cautious while using up the national symbol, choice of his words etc. We cherish “freedom” in India to express anything we want. But we often tend to go overboard without any fear of punishment.
In Thailand any one including visiting foreigners do anything wrong through gestures or otherwise against their King will land up in jail. In Singapore the Government allows freedom of expression. But, comes down heavily on anyone making wild allegations without any proof etc. Such rules / controls bring in responsibility in the society including the media etc.
In India, we can get away with anything we say / do. The media takes over all such issues & pass judgments on their own. Emotions then run high & the logic / accountability etc. disappears in thin air. While challenging the Government on his arrest, you should advise the cartoonist to play within his limits.
V.Govindarajan
What I can gather from all the posts and the comments including the
ones from the media and the educated spectators of this grand event is
that; as long as the politicians at the center are corrupt ( which
apparently is the biggest crime against humanity), anybody and
everybody can do anything that they like. Since on prosecution they
can point the fingers at politicians, for being the high water mark of
criminal activity in the country. Democracy and freedom have become a
fad word. I really wonder how would Chacha Nehru have reacted on
seeing Mr. Trivedi's spectacular "Gang Rape of Mother India",
illustration. Please do not quote a great leader out of context.
While we strongly condemn sedition charges against a cartoonist,
Any disgrace to national emblem is not acceptable and to be condemned.
let us not be so cinic and implant negative thoughts of our country to the young generation.Yes most of them are corrupt , but doing disgrace to national emblem is not acceptable.
Let someone not hide under freedom of speech and expression to do something which is disgrace.
Of all the controversy ,one thing needs to be addressed that whether Democracy or Constitutionalism has seeped in Indian consciousness,to be fair it has not .The society is still undemocratic ,feudal minded of which democracy is a top dressing ,we just pretend to be one but we are not.It is not the Constitution which has failed to act but it is the people who are called upon to work upon it have malicious intent.Trivedi's obnoxious cartoons has shown Constitution and the National emblem in poor light.Why can't Constitutionalism be a religion,a religion which is based on the virtues of Equality ,Liberty Fraternity and Justice a religion which preaches secularism.Yes it is my religion ,and i can say that trivedi has hurt my religious sentiments. The need of the hour is not only scrapping of the age old sedition law but well as a degree of Constitutional understanding ,Constitutional culture which needs to set in our day to day life and most importantly abide by it.
There is no iota of prima facie evidence to slap sedition charges against Aseem Trivedi. His Cartoons do not incite right thinking and/or common people to indulge in violence or wage a war against the country. However, the alleged disrespect to the National Emblem and National Bird can be called in question, which, in all fairness, is a bailable offence and is subject to trial. But his long custody definitely raises eyebrows, as Trivedi is a well respected Cartoonist and not a despicable Terrorist.
The Cartoonist has crossed the LIMIT by potraying National Emblem, Parliamnet etc in a very distasteful manner. Who gave the RIGHT to insult any NATIONAL symbol. A soldier fights with his LIFE in his hand for these symbols.... The cartoonist should be set free only if his MENTAL state is not NORMAL... Murdering and then saying I Didnt know this is crime is not forgiveable... If he has deliberately done it ... he is a traitor according to lAW ....
The arrest itself is a greater act of sedition. It undermines the fundamental rights guaranteed by the constitution, and most certainly incites violence.
Sedition law really needs a review.Right to express is our fundamental right and if someone try to reveal the real picture using this right is charged with such heinous law.The lampooning of national emblem was nothing but was the true picture of the state's situation.Are all law and order is just to suppress the civilians?What about those public representatives who fight for their vested political views in the national parliament.They should be charged under 124-A. This on paper democracy of our state is really far from the practicality and need a review. There are many instances recorded when many politicians moving around with upward down of national flag.Are they not dishonoring the national flag.But dear readers as trivedi wrote in his cartoon 'BRASHTMEV JAYETE' is fixing true in today's scenario.
The problem is, notwithstanding contrary public posturing, people in government and even outside, by and large, don't have respect for democracy. But democracy is used (misused) by most to avoid punishment for wrong doing. I never thought the system can degenerate to this extent within my own generation!
Government has become a bottomless pit. Any amount of taxes collected from public are only going to feed the greed of our politicians and babus at the cost of development and the common man.
As a race we are becoming intolerant of criticism and sanity is becoming more and more obscure.
God help our country!
Arresting a creative person who was just trying to express his views against corrupt existing system, on charges of sedition does not exhibit the democratic behavior of our country in any sense. Keeping mum when people like Raj Thackeray deliver speeches capable of igniting regional hatred but bullying people like Aseem Trivedi whose action was no where trying to provoke national violence .Where are we heading to??Dictatorship....
Using state symbols to criticize the govt. is in no way an unpardonable offence.however the law looks draconian for such guilt.he should learn the difference between criticizing govt. and disrespecting national and state symbols.use the methods other way around rather than fighting for heroism.
Until this kind of British rule prevailed in the country, such incident happens. because this time these draconian laws is in favour of oldest, most corrupt and depotise government. I PROTEST arrest of Aseem Trivedi...
I strongly emphasis on the fact that there is high time that old- fashioned colonial law is need to review with respect to freedom of speech.And there should be clear border line between the two law.
When expression of thoughts in a positive way is not tolerated, what is the fun of celebrating the independence related functions. What we are teaching to our children like expression of thoughts,freedom of speech is not what we are implementing in the real life. The issues for which our freedom fighters fought are again emerging one by one. Political class of these days are turning dictators and are becoming intolerant if something disliked by them is said or done. This is our country and in democracy there may be difference of opinion in many matters.
I appreciate this editorial's call for the repeal of the sedition law. This law is misapplied and misused. The factual history is proof.
As mentioned, the IT Act is also being misused. However this is more dangerous because it is not only by governments which do it, but also private companies which want to suppress whistle-blowers. They are having a field day. For example, the case of purported defamation of former Justice C S Dharmadhikari in 2010, pursued by Mumbai cyber police under IT Act to quickly suppress the whistle blower who was formerly the principal of his Singapore Indian school. That is just one instance, and I am aware of others like Jay Polychem. Several sections of the IT Act should also be scrapped for the same reasons as the sedition act should be. These bad laws have a regressive effect on society's evolution, the blossoming of freedom and man's purposeful existence. It is a pity that no political party is interested in doing the right thing !
Sedition law should soon be corrected or removed.There are no ground for
which trivedi should be taken into custody.he did nothing
wrong..government should wake up and revise is laws.
I have been reading The Hindu for the past 45 years and the first thing that I do is look at the cartoon. Francis Bacon has pointed out, “Imagination was given to man to compensate him for what he is not; a sense of humor to console him for what he is.” Unfortunately, we seem to be losing our sense of humor. I can only hope that it doesn't lead to the state declaring that laughter is seditious and a non-bailable offence.
I have not seen the cartoon, created by Mr Trivedi, but it is ridiculous
that drawing a cartoon could leave you into imprisonment for life, but
you can walk free after killing or raiping anybody.
We have taken our democracy for granted, in view of which the UPA is
feeling all jovial day-by-day. Be it the the rollback of the coal
allocation or to claim CAG, which once formed to check the democracy
signature, as a false notion; all that UPA projects is 'Democratic
India'- a fallacy.
Sedition Case against the cartoonist proves that his arguments are right.
I think all the politicians,every single one, should be put behind bars on charges of
exciting “disaffection” towards or bringing “hatred and contempt” against the
government.
They are great at doing it..
It is actions such as these by governments and politicians that will
lead to disaffection amongst the people against the government - not
some cartoon.
I am surprised why politicians are so intolerant to criticism - one
must be above Caesar's wife to even worry about such criticisms and we
know our politicians are not.
I am also worried that with these types of violations of the common
man's rights and freedom, India will soon be at the edge of a serious
socio-political upheaval that we really cannot afford.
If there is anything that is insulting to the nation, it is the corruption practiced by the governments both at the center and at the states that include elected and appointed officials. They should all be booked under section 124-A with a maximum sentence of life imprisonment. Aseem Trivedi was driven to the extreme by the corruption in the country by the elected officials.
If no government in the last sixty years ever thought of doing away with
the Section 124-A of the Penal Code, then the inference is clear beyond
any doubt. They consider it necessary to have it as a tool ready to
serve their interest. No successive Prime Ministers had been better
placed than Nehru himself in the matter of bringing a legislation to
countermand the section in question. If he did not go beyond airing his
views on this issue, the reason is quite obvious.
Questionable acts should be questioned and condemnable deeds should be condemned. That precisely is what The Hindu has done through its sterling editorial "Sedition? Seriously?". It reflects the views of every right-thinking person. The former Supreme Court Judge who is presently the Chairperson of the Press Council of India has rightly condemned the arrest of cartoonist Aseem Trivedi. Despite the apex court's views on the issue of arresting people under the Sedition law being abundantly clear, instances of their breach are tending to be on the increase. This tendency needs to be checked forth-with.
Dear Sir,
Arresting a cartoonist, accuding him of sedition! Is an act of misplaced use of a legal
provision.
This is a wrong trend, or a warning to all those who dare utter teir differences from
government.
I'm afraid this is just a beginning, to intimidate masses against voicing any difference with
ruling class.
A country, which can not punish perpetraters of attack on the parliament, a country that can
not even implement court decisions against Kasab...is flexing its arms against harmless
cartoonist....
Can not even guarantee protection to M F Hussain...
I wonder where Indian polity is heading to?
I am fairly convinced, this act displays a frustration on the part of the government to hide its
lack of inefficiencies of delivering goods.
While murderers, child-abducters, human-body-parts-traffickers roam scott free.
A cartoonist is being made example of sedition...
A sad chapter of democratic India...
All Political parties must agree with Nehru's views at least - and
seek scrapping of this vexatious Law of sedition. Inciting violence
against each other can always be punished under other Laws.
Also, if there are people who can be incited into violence against
each other so easily - it only shows that India is not forging Unity
bonds among its people sufficiently.
Nothing can explain the flight of North East people from Bangalore and
many other cities, despite the best efforts of the local people there
- merely on the scare of some silly SMSs - except for the deep
distrust of each other that we have built up in the name of UNITY IN
DIVERSITY. We never promoted Unity - but, we always promote DIVERSITY
in many, many ways. This should change quickly and drastically.
India is considered a democracy but in many respects it does not comapare favourably with western democracies. Politicians in India behave like the despots of old. They demand and do get special treatment not available to others whether it is airport ssecurity or going abroad for treatment or anything else. They do whatever they want and they will punish anyone who dare say anything against them. Recently, the CM of W. Bengal got a cartoonist arrested in Kolkatta. Now in Mumbai, this artist has been arrested. Such intolerance is unacceptable.
Assem's cartoon is insulting, but only to the poor jackals depicted who are unfairly maligned by being compared to the netas that loot our country today. It's sad that this government uses laws on the books that were initially drafted to jail freedom fighters to throttle democracy today.
Please Email the Editor