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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 some 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, and 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. How 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 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.
Cyber Bullying
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.”
(The post was first published in https://lawumbrella.wordpress.com/ )
Shimla—A quiet but worrying crisis is unfolding in Himachal Pradesh. Across several districts, traders, hoteliers, and restaurant owners are reporting a sharp shortage of commercial LPG cylinders, leaving many establishments with barely a few days’ supply. In a state where tourism drives the local economy, disruptions in cooking fuel supply can quickly escalate into a wider economic concern.
Local reports indicate the shortage is already affecting hospitality businesses. Traders in Shimla have warned that commercial gas stocks may last only a couple of days if fresh deliveries do not arrive soon, according to a report by Amar Ujala. Restaurant owners have echoed similar concerns in Solan and nearby tourist towns, where businesses fear that kitchens may soon struggle to operate without regular supplies, as reported by Dainik Jagran.
At first glance, the shortage appears to be a regional supply bottleneck. In reality, the problem is tied to wider disruptions in global energy markets triggered by the ongoing tensions in West Asia.
Tourism economy vulnerable to fuel disruption
Himachal Pradesh’s tourism sector relies heavily on thousands of small and medium establishments—restaurants, cafés, dhabas, and hotels. Unlike large metropolitan areas where piped natural gas networks are expanding, most commercial kitchens in the hill state still depend almost entirely on LPG cylinders.
This dependence makes the sector particularly vulnerable. Even short supply disruptions can force restaurants to reduce operations, limit menus, or temporarily shut down.
Industry bodies across India have already sounded the alarm. Restaurant operators have warned that continued supply disruptions could lead to closures across the sector. For a tourism-driven state like Himachal Pradesh, such disruptions can ripple through the wider economy.
The global trigger: instability in West Asia
The roots of the crisis lie thousands of kilometers away. The conflict involving the United States and Iran has begun affecting energy markets and shipping routes in the Gulf region.
A key concern is the Strait of Hormuz, one of the world’s most important energy corridors through which a large share of global oil and LPG shipments pass. India’s dependence on this route is substantial. Energy analysts estimate that a majority of India’s LPG imports originate from Gulf countries and move through this narrow maritime passage, as noted in a report by The New Indian Express.
Any instability in the region immediately affects supply chains. Shipping risks rise, insurance premiums increase, and cargo movement slows. These pressures eventually filter down to domestic markets.
Recent reports have also linked rising LPG prices and supply concerns to the Middle East crisis, with consumers expressing worry about the impact of the conflict on cooking gas costs, according to ANI News.
Domestic prioritisation, commercial shortage
When supplies tighten, governments typically prioritise household consumption. Domestic LPG cylinders are considered essential for daily cooking, and maintaining their availability becomes a policy priority.
However, this often leaves commercial users facing reduced allocations. Restaurants and hotels depend almost entirely on commercial cylinders, which are distributed through a separate supply channel.
In response to the emerging supply concerns, the government has reportedly taken steps to ensure adequate domestic availability of LPG, including directing refiners to increase production and manage distribution more closely, as reported by The Economic Times.
While such measures protect households, they can intensify shortages for commercial establishments.
Geography amplifies the problem
Himachal Pradesh faces additional logistical challenges. LPG cylinders used in the state are largely transported from bottling plants located outside its borders. Moving these supplies across mountainous terrain involves long supply chains and limited transport routes.
When upstream deliveries slow down—whether at ports, refineries, or bottling plants—the impact reaches hill towns more quickly and more sharply.
At the same time, alternatives remain limited. Large-scale piped gas networks are rare in the state, and many commercial kitchens lack the electrical capacity required for high-energy cooking equipment.
A warning for energy resilience
The emerging LPG shortage in Himachal Pradesh is more than a temporary supply issue. It highlights a deeper vulnerability in India’s energy system—heavy dependence on imported fuel and fragile supply chains exposed to geopolitical shocks.
For a café owner in Shimla or a hotel operator in Manali, the geopolitics of West Asia may seem distant. Yet the current situation demonstrates how closely global energy flows are tied to local economies.
A disruption in the Persian Gulf can slow tanker shipments, delay fuel supplies at Indian ports, disrupt distribution networks—and ultimately affect the availability of cooking gas in a Himalayan kitchen.
As the situation evolves, the hope in Himachal Pradesh is that supply lines stabilise quickly. But the episode offers a clear lesson: in an interconnected world, even the quiet kitchens of the mountains are not insulated from global conflict.
Mandi|July 11, 2025 — In the lap of the Himalayas, nestled among deodar forests and flowing streams, the district of Mandi has long stood as a symbol of Himachal’s tranquil beauty. But in the monsoon of 2025, that tranquillity was shattered — not by nature alone, but by a deadly combination of climate extremes, administrative apathy, and long-ignored warnings.
This year’s monsoon came not as a nurturing rain, but as a devastating deluge. What began in late June as a forecasted spell of heavy rainfall turned into one of the deadliest natural disasters in recent memory for Himachal Pradesh. And no place bore the brunt quite like Mandi.
The Collapse of Safety
Between June 20 and July 10, the state witnessed 91 rain-related deaths, out of which 17 occurred in Mandi district alone, making it the hardest-hit region according to the State Disaster Management Authority. More than 750 homes were completely destroyed, and another 880 partially damaged, while 10 bridges, multiple roads, and entire stretches of power and water infrastructure were washed away. In just 21 days, the estimated damage statewide crossed ₹750 crore.
The primary culprits? Landslides, cloudbursts, and flash floods — many of which occurred in the dead of night, catching villagers off guard.
In Siyathi village, 67 lives were saved not by sirens or warning systems, but by a dog’s bark. A resident, Narendra, told media:
“It was midnight. We were sleeping. Suddenly the dog began barking non-stop. We ran out. Within minutes, the entire hillside collapsed and our homes were buried.”
The dog, unnamed but hailed as a hero, became a symbol of what worked in a place where institutional response did not.
A Night of Heroes in Deji Village
In nearby Deji, two college students — Ronid Pundir and Sahil Thakur — from Thunag Horticulture College became real-life saviours. When a sudden cloudburst triggered a flash flood in the dead of night, the duo ran from house to house, waking families and helping them escape. Their actions helped evacuate over 150 people.
“We didn’t think twice. We just saw the water rising and started pulling people out,” Ronid told the media.
Despite such moments of courage, the tragedy left deep scars. In many parts of Seraj, Karsog, and Sundernagar subdivisions, residents reported that local authorities failed to respond in time. Emergency shelters were ill-equipped. In remote hamlets, stranded families waited hours, sometimes days, for rescue.
A Failure of Planning, Not Just Weather
Himachal’s vulnerability to extreme weather is well known. Yet critics argue that poor land use planning, unregulated construction near rivers, and unsafe road-cutting practices have greatly magnified the disaster’s impact.
Geologists and environmentalists have warned for years that road expansion projects and large-scale deforestation in hill regions have weakened slope stability. In many places, construction has occurred dangerously close to water channels, despite repeated advisories.
This time, the warnings played out in real-time — with mud, stone, and entire homes tumbling into ravines.
Government Response: Promises and Limitations
Chief Minister Sukhvinder Singh Sukhu visited the worst-affected villages, including Baga, Syanj, and Panglyur, personally distributing relief materials and speaking with the victims.
“No family should feel alone. The state stands with you,” he said during a relief camp visit.
The state government announced ₹7 lakh in compensation per fully destroyed house, and temporary shelters for displaced families. In contrast, the central government’s compensation — capped at ₹1.3 lakh — has drawn criticism from state ministers and the public alike.
Revenue Minister Jagat Singh Negi remarked:
“What we’re getting from the Centre is insufficient. Our people are suffering. We need stronger, faster support.”
A Glimpse into the Future
Perhaps the most chilling aspect of this disaster is that it may be only the beginning. Scientists warn that climate change is accelerating the frequency and intensity of such events in the Himalayas. Increased temperatures are destabilizing glaciers. Erratic rainfall patterns are overwhelming natural drainage systems.
Experts now call for a complete reassessment of infrastructure policy in Himachal — including bans on construction near rivers, better slope-stabilization in road projects, and improved early warning systems for landslides and flash floods.
“What’s happening is not natural anymore,” said a climate scientist from IIT Mandi. “It’s a man-made disaster wrapped in nature’s disguise.”
Beyond Numbers: The Lives Left Behind
In the hills of Mandi, statistics cannot capture the grief. Each day, as clouds gather, a quiet anxiety grips the village once more.
Shimla– In times of conflict, journalism must rise to its noblest purpose: truth, accountability, and responsibility. And yet, as India and Pakistan faced off once again across borders—bullets flying, lives lost, families shattered—a section of the Indian media turned tragedy into theatre.
From the moment reports of cross-border attacks surfaced, several primetime news anchors transformed their studios into shrill war rooms. Not to inform, but to inflame. Graphic war music, animated explosions, ticker tapes screaming “BREAKING”—the spectacle began. As soldiers bled on the border, TV screens bled hyperbole.
The most damning criticism did not come from adversaries but from global media observers. The BBC described Indian news channels’ coverage as “jingoistic and unhinged”. Al Jazeera and The Guardian echoed similar sentiments, noting how unverified reports, doctored videos, and belligerent studio debates replaced sober reportage.
Anchors, who had never seen a trench or a frontline, banged desks demanding military action. Unconfirmed reports were aired without attribution. Words like “annihilation,” “revenge,” and “surgical strike 2.0” were thrown around with theatrical bravado. There was no time to pause for facts. There was no room for nuance. There was only TRP.
The absurdity reached its peak when a few channels aired animations of fighter jets with triumphant music. Meanwhile, real families were burying their dead – soldiers and civilians alike.
In this chaos, journalism died a quiet death.
Media as Vultures
The metaphor is tragically apt. These channels, masquerading as patriots, behaved like vultures—circling the battlefield, feeding off the dead for ratings. Their hunger wasn’t for truth, but for viewership. They amplified hatred, dismissed dissent, and turned war into primetime entertainment.
And in doing so, they embarrassed India, not just at home but before the world.
The Cost of Sensationalism
When media loses its spine, democracy loses its mirror. The consequence is not just embarrassment—it’s danger. Misinformation in wartime can escalate conflict, trigger communal unrest, and mislead policymakers. A responsible media can cool tensions. An irresponsible one can fan the flames.
We must ask: Where is the human cost of war—the widows, the orphans, the destroyed homes? Where is the perspective from peace-builders, historians, and diplomats? Journalism is not supposed to echo government talking points—it is supposed to hold power to account, especially in wartime.
What Needs to Change
The Press Council of India, the News Broadcasting & Digital Standards Authority (NBDSA), and civil society must take stronger action against media outlets that violate ethical standards. Viewers too must switch off noise in favor of news. The Indian media must remember that its loyalty is to truth—not to war, not to government, and certainly not to TRP.
War is not a spectacle. Soldiers are not content. And journalism is not war-mongering.
It is time Indian newsrooms return to their core duty: informing citizens with accuracy, dignity, and humanity.
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Weather Forecast for Himachal Pradesh For the Next Two Weeks
Monsoon 2025: Himachal Pradesh Suffers 199 Casualties, Over ₹1,905.50 Cr in Damages
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