Laws and lawlessness
I have returned from a nice vacation; so has PL. The heatwave sweeping through India has not in any manner curtailed politics, as it turns out -- issues, events and controversies overwhelmed us in recent weeks. They are alarming in most cases, as communal strife, and linguistic divisions continue to flare up from Kashmir to Punjab to Tamil Nadu. The Supreme Court’s directive that put a brake on the mindless and often cruel use of sedition cases by the state against critics turned out to be a breath of fresh air, though that in no way guarantees that the state will be more tolerant towards dissent and criticism from now on.
I am not writing a separate Federalism Tract as the entire edition is related to the topic.
Sedition law on hold
The concept of sedition is premised on the state’s claim to be the singular custodian of popular sovereignty and national interest. The legitimacy of the claims and grievances of constituent groups is a matter of state discretion. The sedition debate is therefore critically linked to federalism. The Indian state, for instance, is much more tolerant and compromising towards Naga and Sikh separatism as we speak, as opposed to its unforgiving attitude towards separatism in Kashmir or subversive politics of the Left.
Regardless of what the Supreme Court finally decides on the sedition question, a liberal polity is difficult to sustain if the government in power is not committed to the idea. As our editorial points out, “the Court has recorded its hope and expectation that governments at the Centre and the States will refrain from registering any fresh case of sedition under Section 124A of the IPC, or continuing with any investigation or taking any coercive measure under it. The hope and the expectation arise from the Union government’s own submission that it has decided to re-examine and reconsider the provision as part of the Prime Minister’s efforts to scrap outdated laws and compliance burdens.”
Amit Shah in the Northeast
The controversial Armed Forces (Special) Powers Act, or AFSPA, could be removed from the entire State of Assam soon, Home Minister Amit Shah announced during a visit. In March, the areas of Assam, Nagaland and Manipur that come under provisions of AFSPA were reduced.
Here’s a brief history of the Naga question.
Punjab on the boil
The situation in Punjab is volatile as Sikh separatism is raising its head again. Alarm bells are ringing, as this editorial points out.
Hindi debate in Tamil Nadu — crossing a line?
TAMIL NADU- CHENNAI---12-05-2022: Tamil Nadu Governor R N Ravi. Photo: Srinivasan KV / The Hindu | Photo Credit: SRINIVASAN KV
The controversy over the BJP’s attempt to promote Hindi as a lingua franca of India is festering. The responses to the BJP push from Tamil Nadu are not always civil. A State Minister wondered why Hindi speakers were selling pani puri in Tamil Nadu if the language made them more employable. Tamil Nadu Governor R.N. Ravi sought to explain that promotion of Hindi did not amount to negligence of a regional language.
Minority clause
Minorities get special protection under the Indian Constitution but how is the category of minority defined? Not an easy question in a vast and diverse country like India, and it is before the Supreme Court yet again. The Centre made a flipflop on the case, and has now sought more time to evolve a policy through consultations with all stakeholders. I have explained the debate here, and will track this in forthcoming editions of Political Line.
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