Imperial Sedition in Modi's India.

Jay Kholiya.



JNU Students protesting against CAA.




India got its independence from the Imperial British powers on 15th August 1947 and the nation adopted its own written constitution on 26th January 1950. It is been said that when the Members of Constituent Assembly were signing the Adoption of the Newly formed Constitution it showered outside proving a good omen as to some. But since 70 years of a Democratic republic, there have been many instances that still proves that the Nation still works on some principles of the British Imperialistic. Though this is not direct imperialism it is the thinking that the Englishman left into the minds of the young Indians which still haunt the citizens wishing the nation as a fully democratic with all the Rights and Duties of them with Dignity.


Meaning of Sedition under Section 124A of IPC, 1860
Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government shall be punishable with Life Imprisonment”.
The Sedition has been used and implemented many times when the Government thinks he/she is bound to raise voice against the inhuman or any morally or legally wrong being. The government tries to show no hands back on oppressing the Voices and Resistance movements.


      Be it the movements of Kashmiris who wanted their Basic legal and civic rights without even demanding a separate state. The people of Kashmir have always been patriotic towards the nation and they proved their patriotism back, just because of some few extremists the whole population of the Kashmir cannot be blamed. The land itself has significant importance in Indian mythology; some derive the name Kashmir from Kashyapa-mir. Meaning the Mountain of the sage Kashyapa, one of the saptarishis in the Rigveda and numerous religious texts. The Kashmir is now being named as anti-Indian just because they had fought for their basic rights? They were born, studied, married, gave birth, died into a life of curfew and without or less interference with the outer world. The current 21-day curfew for Coronavirus is dying-like for some of the people, although it is with full-amenities imagine the situation of the Kashmiris without even having a proper internet, now it has been restored to 2G earlier it wasn't even that.


The other is the JNU-Incident, a couple of outsiders came and chanted Anti-India and Pro-Pakistani slogans inside the campus while wearing masks soo they are not recognized by any means. In response the Government arrested the University Student Union President Kanhaiya Kumar And other Office Bearers Umar Khalid and many others in the name of Sedition. Without any proof and other witnesses, they were jailed and many soo called Pro-Indian Media houses termed them as Terrorists. Though they weren't even present there during the chanting, during their trial they were beaten inside the Supreme courtroom with the presence of the police and some lawyers helped them get out while the police watched. They remained in prison for a couple of months and during that time the police were busy arranging press conferences that they even forgot to make charge sheet, although without any proof or evidences how can they make? The victims of Sedition and the young voices of India thus were bailed out and the whole nation witnessed what are consequences for raising the voices against a fascist regime.


           The Amendment of Citizenship Amendment Act which restricts Muslims from entering into India and favors other religions except Muslims made the whole of its citizens irrespective of any religions to come together and fight for it. These protests were often dispersed by someone bringing guns, some other shooting it, police laathicharing, tear gases, etc. At some point, it was Hong-Kong like situation in the whole nation. Many arrests took place and many were jailed under Sedition just because they were in solidarity and in some instances the government has been this inhuman that they even arrested and interrogated school children just because they participated in a play showing the consequences of the Draconian amendment. One of the stories is of Dr. Kafeel Khan, who was arrested for speaking against the act and showing its consequence. when he was in charge of a Hospital somewhere in Uttar Pradesh when the oxygen tanks were finished he bought it with his own money for many months and when due to negligence of the administration and health ministry many deaths took place it was the Dr. Kafeel Khan who was arrested just like the After Arrest of him. Imagine these types of doctors who could be present in today's crisis of the Corona Virus could be helpful to all its people. Recently from jail too he wrote to the PM to let him help for fighting against the virus.


     There have been many stories under the Sedition with the National Security Acts and the Unlawful Activities Prevention Act where its citizens were jailed just for expression and voicing their Dissent.
Although there are no arrests against its own members of the Ruling party. Anuraj Singh Thakur, MoS finance and cooperate affairs have been seen saying "Gooli maaro saalo ko" meaning "shoot these Bastards" in an Election Campaign. The Election Commission didn't do anything nor The State Police did just because they are ministers and parliamentarians do they are higher than the citizen who votes them? Are they, public representatives or autocratic dictators?


     Given below is a small abstract of Article 19 of the Indian Constitution which gives Freedom to speak and express their views. But what is the meaning of Freedom when its not absolute and limited, if the thing is limited then how can be it freedom? Freedom means the condition or right of being able to, say, think, etc irrespective of the expression without any limitations or being controlled. The Democracy of the United States Constituted the Law of Sedition as Unconstitutional as it violated their First Amendment of the United States Constitution which gives Freedom of speech the same as ours Article 19 of the Indian Constitution.

Every citizen has been given freedom to speak and express their views under Article 19(1)(a) of the Indian Constitution. However, this freedom is not absolute and some reasonable restrictions have been imposed on freedom of speech and expression under Article 19(2).


 No Democracy is an absolute democracy, as the word comes with its own flaws. But one of the basic founding principles and nature of a Democracy is Dissent and without Dissent, no Democracy is its Democracy its just a mirage. The mirage created by their supreme leader with no intention of an egalitarian or impartial society, it's just a road towards the Banana Republic and the vulnerability of its citizens. Citizens are the Creators of democracy and they should strive hard if the creation and the struggles of their forefathers are in wrong hands and every possible way should be made to continue a legacy of a democratic society and throw an Autocratic regime. 


-I hope we won't get charged with sedition on the road of writing about sedition. :)












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