The spectre of sedition has been raised again with the city police filing a case on Monday against Amnesty International India for sloganeering during a programme on the victims of military action in Kashmir.
In what is eerily similar to the charges against Jawaharlal Nehru University students in February this year, Amnesty International India has been accused of allowing slogans of “azaadi” (freedom) for Kashmir.
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The FIR by the J.C. Nagar police is based on a complaint filed by the Akhil Bharatiya Vidyarthi Parishad
The event, which sought to launch the campaign ‘Broken Families’ on the plight of Kashmiris who have lost their kin to military action, had seen sporadic arguments between groups of opposing ideologies. After the programme ended, the groups broke into sloganeering, with one proclaiming freedom for Kashmir and the other shouting pro-Indian Army slogans. The programme disbanded peacefully, but it was followed by impromptu ABVP protests.
Aakar Patel, executive director of Amnesty International India, said: “Merely organising an event to defend constitutional values is now being branded as ‘anti-India’…. The police were invited and were present at the event.”
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In a statement, the organisation has said they were neutral on the matter of self-determination for Kashmir. However, they added that the right to freedom of expression includes the right to peacefully advocate political solutions. “India’s archaic sedition law has been used to harass and persecute activists and others for their peaceful exercise of their right to free expression,” the statement said.
‘Legally untenable’
With numerous judgments defining the otherwise ambiguous sedition law, Clifton Rosario, advocate with Manthan Law, said the cases filed are not legally tenable.
“Merely raising slogans against the Indian State does not amount to sedition. The Supreme Court has observed that discussions or advocacy (of ‘anti-India’ statements) is protected under freedom of speech. It is only when violence is imminently incited that cases can be filed…. It is clear that slogans raised at Saturday’s event did not lead to violence,” Mr. Rosario said.
Similarly, “anti-Indian Army” statements are not prohibited or restricted by the law. “While dealing with the issue of extra-judicial killings in Manipur (which faces a law and order situation similar to Kashmir), the SC has said that anti-Indian Army statements cannot be sedition. The court has even commented on the behaviour of the army in these conflict areas,” he said.