The draconian sedition legislation was never an archaic law; it has been used by every regime.
Against the backdrop of crackdown on anti-government activists and the invocation of the sedition law, it would be instructive to recall a scene from the Vijay Anand-directed 1965 classic film, Guide. Raju (Dev Anand) and Rosy (Waheeda Rehman) are estranged. In the second half of the movie, a drunk Raju approaches Rosy at midnight in her bedroom. She says reproachfully, “Aajkal sirf nashe mein yaad aati hai Rosy (These days you remember Rosy only when you get drunk).” The repartee is equally sharp: “Yaad mein nasha karta hoon, aur nashe mein yaad karta hoon (I drink remembering you, and remember you when I get drunk).”
Only a great director could have come up with such brilliance; Vijay Anand, who also wrote dialogues for the movie, was indeed one. He also won awards on both counts.
But, alas, there are no great leaders in our country who could answer a similar question: “Why do you worry about the sedition law only when you are in the opposition?” No repartee is possible. For all those talking big about liberty and democracy are just politicking, as we shall see.
The Opposition and anti-government activists are gloating because the Washington-based think tank Freedom House has downgraded India from “free” to “partly free”. Rights and civil liberties “have been eroding since Narendra Modi became Prime Minister in 2014”.
To be sure, no amount of sophistry by the bhakts can make the Freedom House report disappear, for most actions against activists and public figures critical of the Modi government is certainly questionable. The situation, however, is far worse: most of those who claim to be the champions of liberty and democracy have shown little respect for free speech, democratic rights, and civil liberties in the past.
Consider the sedition law, the bane of activists. The Modi government didn’t enact it; it dates back to the colonial times. Seldom, if ever, the Congress showed any desire to end this draconian legislation. This, by the way, was never an archaic law; it has been used by every regime.
The grand old party used it till as late as its last term in office (2009-14). According to an article in The Sunday Guardian, “In just one incident, 9,000 such cases were slapped on people in 2012 when the Congress-led UPA government was in power at the Centre. Ironically, none other than then Home Minister P. Chidambaram and Law Minister Kapil Sibal are now most vociferous against the anti-sedition penal provision.”
There is no irony, only hypocrisy—stark naked. For even as P. Chidambaram, Sibal, and other Congress grandees eloquently argued against sedition, the GOP’s government in Rajasthan used the law to settle political scores last year.
Take another example: Section 66A to the Information Technology Act, 2009. It was the Congress-led United Progressive Alliance that had introduced this illiberal section. Thankfully, the Supreme Court invalidated it in 2015, calling it unconstitutional and a restriction on freedom of speech.
Section 66A was handy to anyone who wanted to suppress free speech, especially those in power. So, Karti Chidambaram, son of Congress leader and former Home Minister P. Chidambaram, used it to throw a middle-aged businessman in Pondicherry behind bars. His sin? He had dared to tweet that Karti had “amassed more wealth than Vadra”.
This article is not an essay in whataboutery, an effort to slam the GOP, other parties, and sundry activists who are championing the causes of freedom and civil liberties. The attempt instead is to make all these people commit to something.
Since the Congress and other Opposition parties are slamming the sedition law and other illiberal provisions, would they come up with a joint resolution, some sort of common minimum programme (CMP), to uphold liberty in general? This CMP should have the following six points:
- Abolition of Section 124 A of Indian Penal Code, i.e., the sedition law.
- A commitment that unfriendly journalists and activists would not be victimized by police cases against them. This is a regular practice; whichever party has government in whichever state uses the official machinery to target people it doesn’t like.
- Stop harassing filmmakers on the grounds that their works “hurt the sentiments” of some section of society.
- Abrogate the First Amendment to the Constitution that abridged the right to freedom of expression. This will mean the end to the laws that curtail free speech on the pretext of ensure that no sentiments get hurt.
- Government agencies will not be used for political purposes.
- Policepersons and officials carrying out illegal orders will be prosecuted.
Opposition leaders and anti-government activists must tell us why we should believe them; they should tell us how they would remove illiberal provisions from the statute book and public life. Only a solemn commitment on their part will make their case convincing; they will also gain a great deal of conviction.
Otherwise, we’ll just paraphrase Rosy: “Sirf Opposition mein hi yaad aati hai liberty.”
Ravi Shanker Kapoor is a freelance journalist.