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Hindu Editorial

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A case of no case: on sedition case against Aisha Sultana


The trend of imputing seditious design to criticism of the
government is disturbing

The sedition case against Lakshadweep film-maker Aisha


Sultana has all the undesirable indicators of the misuse of the
penal provision: intolerance towards any strident criticism of
policy, tendency to discern non-existent threats to the state
and deliberate resort to it despite the absence of any ingredient
of the offence. Therefore, it comes as no surprise that the
Kerala High Court has granted her anticipatory bail mainly on
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the ground that neither Section 124A, which penalises


seditious speech or writing, nor Section 153B, which seeks to
punish imputations against national integration, is attracted.
There may be some cause for those in the Lakshadweep
administration to feel aggrieved that the film-maker, in the
course of a heated discussion on the policy changes sought to
be brought about by the Administrator, accused the authorities
of unleashing a “bioweapon” against the people by relaxing
quarantine rules for those entering Lakshadweep. However, as
the court has rightly pointed out, there is nothing in use of the
term that tended to create disaffection against the government
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or incite the people against it. It ought to have been clear to


everyone except the administration, its police and the BJP
functionary who complained against her speech that there was
no malice or motive to subvert the government established by
law. Of course, it is noteworthy that the police did not rush to
arrest her, but only issued a notice to her to appear before the
police to explain her remarks, indicating that there may not
have been a threat of arrest.

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Yet, the very institution of the case is questionable. It is


disconcerting that courts are repeatedly called upon to reiterate
that strong speech or writing against government policy is not
enough to book someone for sedition, and that only incitement to
violence or an inclination to cause public disorder amounts to such
an offence. The court considered the political context in which the
vehement criticism of the administration has come about. There is
much debate about the administrative changes introduced by the
Administrator, Praful Khoda Patel, since he assumed office last
December. The context, indeed, was the criticism of the modified
operating procedure, under which the mandatory provision for
quarantining visitors to Lakshadweep was given up. Many attribute
the exponential rise in COVID-19 cases to this modification.
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Another Bench of the High Court has stayed the administration’s


order to close down dairy farms run by the Animal Husbandry
Department and remove meat from the menu for school mid-day
meals. When controversial orders are made, they do have a
propensity to attract vehement protests and strident criticism.
Unfortunately, the tendency to accuse critics and detractors of
having a design to provoke disaffection against the government is
spreading among authorities across the country. It is clear the
problem lies in the continuance of questionable provisions such as
the one on sedition on the statute book.

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1. Criticism –

 an expression of what you think is bad about


something

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2. Provision –

 Preparations to deal with something that might


happen

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3. Strident–

 Loud and unpleasant

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4. Discern –

 To see or notice something with difficulty.

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5. Deliberate –

 Done on purpose ; planned

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6. offence –

 A crime, an illegal action

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7. Penalises –

 To punish somebody for breaking a low or rule

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8. Seditious –

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9. Integration –

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10. Aggrieved –

 Upset or angry at being treated unfairly

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11. Unleashing –

 To suddenly let a strong force, emotion to be fell.

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12. Affection –

 A feeling of loving or liking something

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13. Incite –

 To encourage somebody to do something by


making him very angry or excited

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14. Malice –

 A wish to hurt other people.

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15. Subvert –

 To try to destroy or damage a government

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16. Reiterate –

 To repeat an opinion, statement etc.

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17. Inclination –

 A feeling that makes somebody want to behave in


a particular way.

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18. Vehement –

 Showing very strong feelings, especially anger

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19. Exponent –

 A person who supports an idea.

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20. Propensity –

 A habit of behaving in a particular way

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21. Imputation –

 A charge that someone has done something


undesirable.

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