Shimla: The Judge of the Punjab & Haryana High Court, Justice Surya Kant, has been appointed as the new Chief Justice of the Himachal Pradesh High Court. He would be taking the charge soon. Justice Kant started practising law at the District Courts, Hisar, in 1984 and moved to Chandigarh in 1985 to practice at the Punjab and Haryana High Court. He was designated as Senior Advocate in March 2001. He also held the office of Advocate General, Haryana, till his elevation as a Permanent Judge to the Punjab and Haryana High Court on January 09, 2004.
The time is right to look back at the tenure of Acting Chief Justice and the functioning of the Hon’ble High Court in the past year under his leadership.
Justice Karol belongs to Garli village, Tehsil Dehra Gopipur in District Kangra of Himachal Pradesh.
He was born in Shimla on August 23, 1961. He is an alumnus of the St. Edward School, Shimla, and graduated with Honours in History from Government Degree College, Shimla.
He obtained a Degree in Law from H.P. University, Shimla and enrolled as an advocate in the year 1986.
He had assumed the charge of the office of the Acting Chief Justice of the State High Court on April 25, 2017.
India has had many brilliant judges but few amongst them became great. A brilliant judge might know the law to its minutest detail, but a great judge knows ‘justice’ and the spirit that it posses. The road to greatness is paved by compassion, kindness and a seeking for truth. With empathy in heart and sensitivity in mind, Justice Karol has been setting an example for us of how human dignity and compassion is to be practised, not just through his judgements but also through his acts of kindness and compassion in normal life situations.
Justice Karol is greatly admired for encouraging the young lawyers and welcoming them to the profession with open arms. The Hon’ble Justice is also known for his work in public interest litigation since assuming the charge of Acting Chief Justice of Himachal High Court. The greatest change which the Hon’ble judge brought was to accept letters of common people and convert it into public interest petitions, in case, those letters revealed miscarriage of justice and breach of fundamental rights.
In India, the first PIL was filed in the year 1976 – Mumbai Kamgar Sabha v. M/s Abdulbhai 1976 (3) SCC 832. The seed of the PIL was sown by Justice Krishna Iyer through this landmark judgement. Soon thereafter, with the efforts of Justice Bhagwati, the concept of the PIL evolved and developed to a great extent. The courts started accepting letters as petitions if they happen to disclose any violation of fundamental rights and matters of public importance.
Justice Bhagwati once said,
“Public interest litigation is essentially a cooperative or collaborative effort on the part of the petitioner, the State or public authority and the Court to secure observance of the constitutional or legal rights, benefits and privileges conferred upon the vulnerable sections of the community and to reach social justice to them. The State or public authority against whom public interest litigation is brought should be as much interested in ensuring basic human rights, constitutional as well as legal, to those who are in a socially and economically disadvantaged position, as the petitioner who brings the public interest litigation before the court. The State or public authority which is arrayed as a respondent in public interest litigation should, in fact, welcome it, as it would give it an opportunity to right a wrong or to redress an injustice done to the poor and weaker sections of the community whose welfare is and must be the prime concern of the State or the public authority.”
The importance of strengthening such a practice of Letter Petitions as PILs in a state like ours was absolutely necessary. Himachal has poor people, farmers, and large parts of villages are backward, hence, the judicial process for most of the people in the state is incomprehensible or costly to pursue. This has led to unchecked human rights violations and also large scale unchecked environmental degradation. The Hon’ble High Court in the past year has done extensive work in taking up the fundamental rights and environmental issues of poor and downtrodden, even if they have been addressed by way of letters.
The Acting Chief Justice during his tenure has dealt with issues of public importance and made efforts with the tool of Public interest litigation for the realisation of the dreams of our Constitution. His orders and judgements cover the whole spectrum of issues, such as:
- Landmark order for ‘right of sanitation’ and directing the state for construction of public toilets at highways
- A landmark judgement in Directing payment of unpaid salaries of nurses, which was unpaid for months
- Landmark judgement for removing discrimination against married women in matters of employment
- Protection of trees through technology, use of RFID, Drones and Satellites
- Protection of wetlands, the direction was given for the creation of a wetland authority, which facilitated funds to the state from centre
- Directions for Checking illegal mining
- Protection of rivers from the illegal running of dams
- Providing compensation to the families of road accident victims or to families who suffered an act of criminal violence
- Thinking about hemp and medical cannabis as an alternative source of income to farmers and as a mode to curb drug market
- Deliberating upon police reforms, directing the installation of cameras in the prisons to check human right violations. Also directing the Advocate general to re-look at H.P police Act and bring it in consonance with the constitution
- Reforms in the forest department especially the condition of forest guards
- Several judgements on animal rights issues
- Several directions for building roads, most importantly monitoring the construction of national highways
- Several Directions for the protection of the UNESCO heritage sites, including a drive to clean up Shimla-Kalka railway
- Several directions to tackle the garbage problems in various places in Himachal
- Several directions to improve the medical facilities in the hospitals
To take up and decide the above-mentioned issues requires a spirit rooted in kindness, empathy and compassion. This kindness was not just limited to judgements but also in the pragmatic handling of real-life situations. During Shimla’s water crisis, alongside high-ranking state and municipal corporation officials, Justice Karol nearly spent all night inspecting operations at the water control rooms to ensure that they were working without any impediments. The court also gave orders that no special treatment be meted out to the VIPs during the time of crisis.
In an another and very recent incident, a milkman who fainted after suffering a seizure in the Lakkar Bazaar of Shimla was saved by the acting chief justice who helped the man reach the hospital in time. Justice Karol got out of his vehicle and directed the driver to take the man to the hospital immediately. He then simply begun to walk. It was an example of humbleness for those taking perks of the VIP culture.
We spoke to a High Court lawyer, Advocate Deven Khanna, who as an amicus has assisted the court in various matters.
The most significant work of the acting chief was the focus on Access to justice. Without the ‘access’ or means of accessing justice, the constitution is redundant. Once the constitution is triggered, then only fundamental rights can be realised. Public interest Litigations is the tool that the Acting Chief has used to democratise the judicial process. The court has essentially said that justice does not only belong to the rich people, corporates and governments (who take up most of the litigation time in courts), it primarily belongs to the poor. The poor can write a letter or get legal aid or get assistance from an amicus currie, who on his behalf, will pray to the court on a violation of his most basic rights,
Deven told Himachal Watcher.
It is said that Article 32 was the most favourite article of the great B.R Ambedkar. He said that it is the soul of the constitution. When he was referring to Article 32, he actually meant ‘access to the courts’ in case fundamental rights are violated. Article 32, 226 and letter petitions are essentially the same and are the heart and soul of the constitution. It was visible in practice in the working of the Hon’ble Acting Chief Justice during last one year
, he added.
When the state has failed to protect the rights or has failed to do its duties, its the duty of the Superior Courts to step in and make sure that law of the land is not sabotaged and common man or the environment is not jeopardised,
he further added.
More about Justice Sanjay Karol
Including Hon’ble Supreme Court of India, he practised in various Courts in Constitutional, Taxation, Corporate, Criminal and Civil matters. He had appeared as Counsel in the Inter-State water Dispute (BBMB Project) in the Hon’ble Supreme Court of India.
He also discharged the constitutional duties as the Advocate General of Himachal Pradesh from 1998 to 2003. In the Year 1999, he was designated as Senior Advocate.
He remained on the Senior Panel for Central Government, Supreme Court of India. He was elevated as the Judge of the High Court of Himachal Pradesh on March 8, 2007. He also remained the Chairman of State High Court Legal Services Committee
Presently also discharging statutory duties as Executive Chairman of H.P. State Legal Services Authority and a member of the Board of Governors, Himachal Pradesh Judicial Academy.
Stray Cattle Menace in Himachal: Man Dies After Being Attacked by a Bull in Bilaspur
Bilaspur-Stray cattle population in Himachal Pradesh is increasing day by day, and along with it increasing the menace created by them. Destroying crops, causing road accidents and traffic jams, and attacking humans are included in this menace.
In such an incident, a 70-year-old man died after he was attacked by a stray bull in Baroha village of Jhanduta Sub-Division in Bilaspur district on September 8, 2019.
The man was carried to Jhanduta community health centre in an injured condition. After initial treatment, the doctor referred him to District Hospital Bilaspur where he was declared brought dead. SHO, Police Station, Jhanduta, Pritam Chand, confirmed the report. He said a case has been registered in this regard.
The deceased was identified as Ganga Ram, a resident of Baroh village.
As per the report, the victim was returning from Shiv Mandir (temple) in Baroha on Sunday evening when he was attacked by a bull standing on the roadside.
It’s not the first time that stray cattle have attacked people. About a half a dozen cases have been reported from Bilaspur where people lost their lives or sustained injuries.
Watch Hundreds of Stray Cattle Roaming on Roads in Bilaspur, Hamirpur, Mandi Districts
Other than Bilaspur, district Mandi, Hamirpur, and Kangra are also facing this menace due to the rising number of stray cattle. Road accidents have become very frequent on National Highway 21.
In a very recent case, a truck loaded with apples met an accident while trying to save a stray cow on NH 21 in Harabag, Sundernagar in Mandi district. Two people were injured in the incident. Further, Dharampur, Sarkaghat, Navahi, Balah and Nachan Assembly segments in the district are worst hit by this menace.
A couple of days ago, villagers in Bichadi sub-division of Hamirpur district had raised the issue of an alarming rise in the number of stray cattle. They had highlighted that several accidents have been reported due to hundreds of these animals roaming on the roads. The villagers also said that attacks by stray animals have become frequent and children and elderly are most vulnerable to these attacks.
Similarly, locals in Ghumarvin region of Bilaspur district had raised the issue of rising menace due to stray cattle. As per the locals, in several incidents, people were injured due to attacks by cattle roaming on roads. Dakadi Chowk, Gandhi Chowk, Bhaged Chowk, Kandror Chowk, Ghumani Chowk, Nihari Chowk, Padyalag Chowk, Dangar Chowk, Kutheda Chowk etc. were some of the places where stray cattle destroyed crops of the villagers.
Kisan Sangharsh Samiti and Jan Sangharsh Samiti say that no cow-shelters were built in panchayats despite the orders of the State High Court passed in 2015. These organizations allege that they have raised the matter several times but no action ever came from the administration.
The situation in Palampur is also similar as despite the court orders, no cow-shelters or homes for stray animals were set up. The administration and the Animal Husbandry Department express their helplessness saying they don’t have funds to provide shelters.
Worst affected is the main bazaar of Palampur where herds of cattle can be seen creating traffic troubles. Ghuggar and Lohana Aima areas are also facing safety hazards due to the rising number of stray cattle.
On the other hand, the state government, in May 2019, told the High Court that a policy is being framed for stray animals under which animal sanctuaries would be established in every district. In these sanctuaries, the government had told the court, these animals would be provided with every basic facility including animal hospitals and vets. However, no such sanctuary has come into existence so far.
Prior to 2015, in an order passed on 7-10-2014 while hearing a petition filed by the Bhartiya Govansh Rakshan Sanverdhan Parishad, HP, the court had ordered the state to make the entire road length free of stray cattle by December 31, 2014.
The court had directed the Superintending Engineers of all National Highways to ensure that no stray cattle, including cows and bulls, are found roaming on the roads. The court had further directed Executive Officers of all the Municipal Councils, Nagar Panchayats and Pradhans of the Gram Panchayats to ensure that all the roads passing through their jurisdiction are kept free from the stray cattle to ensure free and smooth flow of the traffic.
The order had further directed that all the cattle including cows in M.C. Shimla and Municipal Councils, Nagar Panchayats and Panchayats should have a tag number to make it easy to trace the owner.
Further, as per the court orders, every citizen has a right to bring to the notice the location of the Cow or stray animal suffering from any disease or injury to Government Veterinary Officer/Doctor, who can’t refuse to treat stray cattle.
In March 2018, while presenting the state budget, the current government led by Chief Minister Jairam Thakur, had even started levying one percent cess (Gau vansh vikas cess) on sale of every single bottle of liquor. He had also decided that 15 percent of the total offering made in temples would be utilized for construction of cow-shelters.
No need to say that the government have collected fat amount of funds by August 2019. However, the number of stray cattle roaming on roads continues to rise instead of decreasing.
As per the previous Congress government, the total number of stray cattle in 2015 was 31,000. For the new government, this number was 32,000 in 2018. However, as a matter of fact, the actual number is much higher, especially after the ban on beef was imposed. Now, the villagers do not sell old cows to traders but simply abandon them. After reports of mob lynching, no one takes the risk of even transporting cows to any cow-shelter.
The people themselves have a major role in creating this menace. The situation is being worsened by the government’s inaction and defiance toward court orders.
Tutikandi-Dhali Bypass (NH-5) in Tatters Again, Potholes, Dust Trouble Commuters
Shimla – Tutikandi-Dhali Bypass (NH-5), like every year, is in tatters after the monsoon. It has become a tradition or a necessary ritual for the government that the bypass must get back into miserable condition after monsoon every year.
The road was tarred in last December and then a patchwork was given right before the elections to the Lok Sabha. But the monsoon has exposed the quality of work done by the contractor. Most of the road has eroded and large potholes have appeared. The road is covered with loose gravel and dust. To make it even worse, the potholes are being covered by filling them up with soil or illegaly dumped muck. It’s making the road dustier on sunny days, and muddy when it rains.
The shops located along the bypass are suffering daily due to the unbearable amount of dust arising from the road and settling on every single thing in the shops.
“Dust settles on everything kept in the shop. I have no option but to dust anything that I sell before handing it over to consumers. Worst hit is the sale of my vegetables because dust ruins them within a couple of hours. I can’t keep sprinkling water entire day,”
said a shopkeeper who runs a shop near Phagali along the NH.
Dhabas and tea-stalls are also bearing the brunt of dusty roads.
“People don’t prefer to stand at the stall due to dust, and it is affecting my business,”
said a tea-stall owner located near New ISBT in Tutikandi.
Further, if you park your vehicle anywhere on bypass, it’ll be covered in dust within 10 minutes.
For two-wheelers, the road is becoming almost unmotorable as potholes and gravel make it unsafe to ride. At the same time, dust not only settles on clothes but also reduces visibility at several points.
The pedestrians, as well as passengers, who use bust stops daily, are also helpless against dusty conditions.
“During rains, the splashes of water from potholes troubled the pedestrians, and now the dust is making it a suffocating task to walk along the road,”
a resident of Kanlog said.
Another risk arises from the efforts of drivers to avoid potholes or eroded patches of the road and they even enter into the wrong lane to do so. It raises the risk of road accidents.
Two main reasons for the poor condition of the road are blocked rainwater drainages and sub-standard tarring work. Before the onset of the monsoon, the state government had announced that it was ready for the monsoon and necessary precautions and measures like clearing of drains have been taken, but in reality, the drains remained blocked throughout the monsoon. As a result, the rainwater eroded the road.
As far as the maintenance of the road is concerned, it’s highly unlikely that it will be carried out before March or April next year. Till then, the condition of the road would continue to deteriorate and the contractor would continue filling up potholes with soil and muck.
A Roar of a Lion- Right to free speech, Right to Dissent, Sedition and Majoritarianism
Of Roaring Lions and Squeaking Mice!
Francis Bacon had once described the judges as ‘Lions under the throne.”However decades later in the famous Second World War case of Liversidge v Anderson, where Lord Atkin delivered his powerful dissenting speech, he commented on the arguments of the lawyers and stated that this level of reasoning would have been acceptable to the Court of Kings Bench in the time of Charles I (a monarchy) but not in a democracy, sadly this reasoning was accepted by all of his brother judges. The subjective interpretation adopted by his brother judges who were then pleasing to politicians provoked a letter to Lord Atkin from Mr Justice Wintringham Stable. The letter expressed approval of Lord Atkin’s dissent, and then added:
“I venture to think the decision of the House of Lords has reduced the stature of the judiciary, with consequences that the nation will one day bitterly regret. Bacon, I think, said the judges were the Lions under the throne, but the House of Lords has reduced us to mice squeaking under a chair.“
The time is right to celebrate the courage shown by one of our very own, Justice Deepak Gupta, who has roared like a lion in times where just speaking against the ruling Governments would amount to sounding of the death knell for some. In times where we have judgments after judgments trying to bypass the constitution in novel ways so that the mighty and the powerful may not get offended (remember the dissent of Justice Chanderchud where he talks of a fraud played on the constitution and present grant of adjournments in habeas corpus petitions in SC), in times where police is more active in catching hold of people who have written something on their facebook wall or WhatsApp (under an extinct provision of Section 66A) rather than looking for rapists and murderers, in times where a lawyer if he knows the politician he becomes a judge or an advocate general, in times where dissatisfaction with the government will brand you as an anti-national, in times where freedom of speech is being attacked across the country and fight for human rights and civil liberties is undermined in every nook and corner, a sitting judge of the Supreme Court, and our very own, ‘son of the soil’ has had the spine to publically say THE TIMELESS TRUTH of our democracy.
The Hon’ble Judge expressed himself On September 7. The following are edited excerpts of his lecture.
Right to Dissent
There cannot be any democratic polity where the citizens do not have the right to think as they like, express their thoughts, have their own beliefs and faith, and worship in a manner which they feel like.
The right to freedom of opinion and the right of freedom of conscience by themselves include the extremely important right to disagree.
Thus, the right to dissent is one of the most important rights guaranteed by our Constitution. As long as a person does not break the law or encourage strife, he has a right to differ from every other citizen and those in power and propagate what he believes is his belief.
Every society has its own rules and over a period of time when people only stick to the age-old rules and conventions, society degenerates. New thinkers are born when they disagree with the well-accepted norms of society. If everybody follows the well-trodden path, no new paths will be created, no new explorations will be done and no new vistas will be found. If a person does not ask questions and does not raise issues questioning age-old systems, no new systems would develop and the horizons of the mind will not expand.
Whether Buddha, Mahavira, Jesus Christ, Prophet Mohammad, Guru Nanak Dev, Martin Luther, Kabir, Raja Ram Mohan Roy, Swami Dayanand Saraswati, Karl Marx or Mahatma Gandhi, new thoughts and religious practices would not have been established, if they had quietly submitted to the views of their forefathers and not questioned the existing religious practices, beliefs and rituals.
In a secular country, every belief does not have to be religious. Even atheists enjoy equal rights under the Constitution. Whether one is a believer, an agnostic or an atheist, one enjoys complete freedom of belief and conscience under our Constitution. There can be no impediments on the aforesaid rights except those permitted by the Constitution.
The judgment of HR Khanna, J. in A.D.M. Jabalpur case, is a shining example of a dissent which is much more valuable than the opinion of the majority. This was a judgment delivered by a fearless, incorruptible Judge. Judges are administered oath wherein they swear or affirm to perform the duties to the best of their ability without fear or favour, affection or ill will. First and foremost part of the duty is to do one’s duty without fear.
Law of Sedition
It was enacted at a time when India was ruled by a foreign imperialist colonizing power. The British brooked no opposition and did not want to listen to any criticism. Their sole aim was to deprive the people of this country of their rights including the right to express their views.
Interestingly, though sedition was an offence in the first draft of the Indian Penal Code (IPC) drafted by Lord Macaulay, somehow this did not find its way into the IPC when it was enacted in the year 1860. The IPC was amended in the year 1898 when Section 124A was introduced.
When Section 124A was first introduced, we were told that this provision was not to curb legitimate dissent but was to be used only when the writer or the speaker directly or indirectly suggested or intended to produce the use of force.
Interestingly, another reason given was that there was a Wahabi conspiracy by a man who had preached Jihad or holy war against Christians in India and therefore the need to introduce such a provision.
Though Section 124A was inserted for fear of Muslim preachers advocating Jihad or religious war, it was initially used against Hindu leaders. The first such case was of Jogendera Chunder Bose wherein in a newspaper called Bangobasi, the Editor objected to the English rulers raising the age of consent of sexual intercourse for Indian girls from 10 to 12 years.
Subsequently, the British used the law of sedition to curb any demand for independence said Gupta citing the case of Queen Empress v. Bal Gangadhar Tilak.
I would also like to refer to the Father of the Nation Mahatma Gandhi, who in this city of Ahmedabad was charged with sedition. Appearing before Sessions Judge Broomfield, Mahatma Gandhi while dealing with the word ‘disaffection’ had this to say: “Affection cannot be manufactured or regulated by law. If one has no affection for a person or system, one should be free to give the fullest expression to his disaffection, so long as he does not contemplate, promote or incite to violence.”
I think this brilliantly sums up what I want to say today that mere criticism without incitement to violence would not amount to sedition. However, the Mahatma was sentenced to undergo imprisonment for 6 years.
You cannot force people to have affection for the government and merely because people have disaffection or strongly disagree with the views of the Government or express their disagreement in strong words, no sedition is made out unless they or their words promote or incite or tend to promote or incite violence and endanger public order.
However, in present times there is no healthy discussion but only shouting and slanging matches, lamented Justice Gupta. If one does not agree with another, that person becomes an anti-nationalist.
There is no advocacy on principles and issues. There are only shouting and slanging matches. Unfortunately, the common refrain is either you agree with me or you are my enemy, or worse, an enemy of the nation, an anti-nationalist.
The constitutional validity of Section 124A has to be read in the context of Article 19 of the Constitution of India. Thus, advocating any new cause however unpopular or uncomfortable it may be to the powers that be, it must be permitted.
Sedition can arise only against a government established by law. Government is an institution, a body and not a person. Criticism of persons cannot be equated with criticism of the government….Criticism of senior functionaries may amount to defamation for which they can take action in accordance with law but this will definitely not amount to sedition or creating disharmony.
Police cannot deal with law and order problems but have time for sedition
Majoritarianism Can’t be Law
During the dark days of Emergency, an attempt was made by one party President to equate his leader with the country. I am sure that no one will ever try in future to equate a personality with this country of ours which is much bigger than any individual.
A majority government does not mean that minority voices should not be heard. Majoritarianism cannot be the law. Even the minority has the right to express its views. We must also remember that in India we follow the first past the post principle. Besides, he also stated that even Governments which come in with a huge majority do not get 50% of the votes. Therefore, though they are entitled to govern or be called as the majority, it cannot be said that they represent the voice of all the people.
The police always claim to be short of forces when questioned about the adverse law and order situation in various parts of the country. Trials in criminal cases of rape, murder and crimes falling under POCSO carry on for years on end because police officials do not have time to even depose before the courts but when it comes to sedition or Section 153A or implementing the provisions of Section 66A of the Information Technology Act (which has been declared unconstitutional), there seems to be no shortage of manpower and the police acts with great alacrity.
It is, thus, clear that there is one set of rules for the rich and the powerful and another set of rules for the ordinary citizens of the country. In a country which professes to live by rule of law, this cannot be permitted.
Thus, the law of sedition is more often abused and misused and the people who criticise those in power are arrested by police officials on the asking of those in power and even if a person may get bail the next day from the court, he has suffered the ignominy of being sent to jail. The manner in which the provisions of Section 124A are being misused, begs the question as to whether we should have a relook at it. Freedom of expression being a constitutional right must get primacy over laws of sedition. Sedition is a crime only when there is an incitement to violence or public disorder.
But the law as laid down in Kedar Nath Singh’s case regarding sedition is not being followed.
‘Right to Criticise Government’
I think our country, our Constitution and our national emblems are strong enough to stand on their own shoulders without the aid of the law of sedition. You may force or compel a person to stand while the National Anthem is being sung, but you cannot compel him within his heart to have respect for the same. How does one judge what is inside a person’s mind or in his heart?
In Chhattisgarh, a 53 years old man was arrested on charges of sedition for allegedly spreading rumours over social media about power cuts in the State. It was said that this was done to tarnish the image of the then Government running the State. The charge was absurd and again highlights the misuse of power. In Manipur, a journalist made a vituperative attack on the Chief Minister of the State and used totally unparliamentary language against the Prime Minister of the country. The language was intemperate and uncalled for but this was not a case of sedition.
Criticism of government by itself cannot amount to sedition. India is a powerful nation, loved by its citizens. We are proud to be Indians. We, however, have the right to criticise the Government. Criticism of the Government by itself cannot amount to sedition. In a country which is governed by the rule of law and which guarantees freedom of speech, expression and belief to its citizens, the misuse of the law of sedition and other similar laws is against the very spirit of freedom for which the freedom fighters fought and gave up their lives.
The shoulders of those in power who govern should be broad enough to accept criticism. Their thinking should be wide enough to accept the fact that there can be another point of view. Criticism of the policies of the government is not sedition unless there is a call for public disorder or incitement to violence. The people in power must develop thick skins. They cannot be oversensitive to people who make fun of them. In a free country, people have the right to express their views.
Everybody may not use temperate or civilised language. If intemperate, uncivilised and defamatory language is used, then the remedy is to file proceedings for defamation but not prosecute the persons for sedition or creating disharmony.
Judiciary Not Above Criticism
In fact, I welcome criticism of the judiciary because only if there is criticism, will there be an improvement. Not only should there be criticism but there must be introspection. When we introspect, we will find that many decisions taken by us need to be corrected.
Criticism of the executive, the judiciary, the bureaucracy or the Armed Forces cannot be termed sedition. In case we attempt to stifle criticism of the institutions whether it be the legislature, the executive or the judiciary or other bodies of the State, we shall become a police State instead of a democracy and this the founding fathers never expected this country to be.
Section 66A of the IT Act, which put restrictions on the freedom of expression in an online space, is still being used by the lower judiciary and the police, even after being struck down in the Shreya Singhal case.
It does not speak well of the Indian judiciary that the magistrates are unaware of the law of land, and day in and day out, we hear of magistrates granting judicial custody or police remand in relation to such offences.
The recent trends have instilled fear in people when it comes to expressing their opinions on criticising governments in power. A very important aspect of a democracy is that the citizens should have no fear of the government. They should not be scared of expressing views which may not be liked by those in power. No doubt, the views must be expressed in a civilised manner without inciting violence but a mere expression of such views cannot be a crime and should not be held against the citizens.
No doubt, the views must be expressed in a civilised manner without inciting violence but a mere expression of such views cannot be a crime and should not be held against the citizens. The world would be a much better place to live if people could express their opinions fearlessly without being scared of prosecutions or trolling on social media. It is indeed sad that one of our celebrities had to withdraw from social media because he and his family members were trolled or threatened of dire consequences.
‘Nationalism is a Great Menace’
Gurudev Rabindra Nath Tagore had a view on nationalism, which is the anti-thesis of the view which many of us have. He, in fact, had not appreciated the Satyagrah movement. He, who wrote the National Anthem also held the view that ―nationalism is a great menace. I do not agree with those views nor did eminent leaders of that time but this did not make Gurudev Rabindra Nath Tagore less an Indian, less a patriot than any of his contemporaries. Merely because a person does not agree with the Government in power or is virulently critical of the Government in power, does not make him any less a patriot than those in power. In today‘s world, if any person was to say ―nationalism is a great menaceǁ he may well be charged with sedition.
If this country is to progress not only in the field of commerce and industry but to progress in the field of human rights and be a shining example of an effective, vibrant democracy then the voice of the people can never be stifled. I can do no better than quote the words of Gurudev Rabindra Nath Tagore:
“Where the mind is without fear and the head is held high,
Where knowledge is free.
Where the world has not been broken up into fragments
By narrow domestic walls.
Where words come out from the depth of truth,
Where tireless striving stretches its arms towards perfection.
Where the clear stream of reason has not lost its way
Into the dreary deserts and of dead habit.
Where the mind is led forward by thee
Into ever-widening thought and action.
Into that heaven of freedom, my Father, let my country awake.”
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