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Sedition versus freedom of speech The Tamil Nadu police arrested eight people in 2016, most of them charged under Section 505 of the Indian Penal Code, for spreading rumours on social media. This is nothing but another Victorian-era law being twisted to terrify people in a time of political uncertainty. It is an assault on free speech — an act forbidden by the Constitution and repeatedly admonished by the highest courts. Section 505 is one among a battery of “hate speech laws”. These laws, like sedition (Section 124A), were used by the British government to muzzle dissent against the rulers and strike fear among Indian subjects
Upon Bhargava’s request, B.R. Ambedkar changed the terminology from just “restrictions” in Article 19(2) to “reasonable restrictions”. This was done so that the actions of the state to restrict fundamental rights can be examined by the courts to assess if they are reasonable or not. By prefixing one word, the question of fundamental rights and restrictions exercisable by the state became justiciable. Freedom of expression can only be suppressed if situations created by allowing such freedom are pressing.
Arrest of eight persons is the culmination of such high-handed behaviour. Those arrested had been accused of posting messages regarding the chief minister’s health on social media and, in one case, conversing within a bank premises. They have been charged under a number of provisions, including Section 505 of IPC, which deals with “statements conducing to public mischief”. Such actions by the police show that they do not believe they are accountable to the people, but follow orders of partisan political masters. The only way forward is for courts to play a proactive role in striking down the misuse of the hate speech laws and reaffirming civil rights in our country.
By: Jasmeet Singh ProfileResourcesReport error
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