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Indian Supreme Court: Anti-government statements not sedition

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Today most governments are increasingly intolerant of the public criticism of their misgovernance, deception and corruption. The critics are attacked and even jailed – India claiming to be the largest secular democracy in the world suffers badly on that count.

Many critics face notorious seduction charges and are in jail because of their conviction to defend what they believe in. The situation has reached such a level of fear in the minds of people that they are scared of telling anything considered to be the truth in nation where its founding father Mahatma Gandhi taught the values of truth.

In India sedition is being used as state terror techniques to instill a fear and stop the critics form speaking the truth. Those who speak the truth are either killed or taken to jail. Many critics of Hindutva ideology have been murdered in Karnataka, and elsewhere and those who sell beef or eat it are beaten to death. 

This vulture phenomenon is the new Indian culture of intolerance. Ever since the BJP came to power under RSS leader N. Modi, the insanity of intolerance has grown multifaceted. While the government promotes ‘Ghar wapsi’  to convert Muslims, Jews, Sikhs, jains and Christians into  Hinduism/Hindutva, Muslims cannot propagate for their faith or convert Hindus into Islam even if  the Hindus persist for joining the Islamic community. Cases are filed if a Hindu becomes part of Muslim community.

So much of hatred is being pumped into national consciousness by the regime agencies.

At long last, the Supreme Court of India has come out to clear the mess due to sedition threat through a historic verdict.

Indian courts are dumped with false sedition cases.

The Supreme Court on October 08 said that all authorities across the country would be bound by the Kedar Nath judgment of the apex court, which limits the scope of filing sedition cases under the provisions of Indian Penal Code. A bench of Justices Dipak Misra and Uday Lalit gave the direction after Prashant Bhushan appeared on the behalf of the petitioners –NGO Common Cause and S. P. Udayakumar (an anti-nuclear activist in Kudankulam Tamil Nadu, against whom sedition charges have been made and arrested on several occasions) – and said that there has been an increase in the number of sedition cases being filed.

Eminent lawyer Bhushan argued before the bench that the law of sedition is being grossly misused, misapplied and abused by the authorities and that the authorities are not following the judgment in Kedar Nath which states that Section 124A (sedition) is only applicable where there is violence or incitement to violence in the alleged act of sedition.

Taking note of this submission, the bench in a brief order, said “we are of the considered opinion that the authorities while dealing with the offences under Section 124A of the Indian Penal Code shall be guided by the principles laid down by the Constitution Bench in Kedar Nath Singh vs. State of Bihar case.  Except saying so, we do not intend to deal with any other issue as we are of the considered opinion that it is not necessary to do so. The writ petition is accordingly disposed off.”

The petitioners were concerned at the increasing number of ‘sedition’ cases being filed across the country, the latest being the slapping of a charge against Amnesty International India for organizing a debate on Kashmir and against Kannada actor-turned-politician, Ramya for her ‘Pakistan is not hell remark,’ and challenged this provision in the Indian Penal Code. They said there has been an increase in the number of cases of sedition against intellectuals, activists and students.

The petition was for the Supreme Court to address the misuse and misapplication of IPC Section 124A (sedition law) by the Centre and various state governments, which has led to routine persecution of students, journalists and intellectuals engaged in social activism. It submitted that these charges are framed with a view to instill a fear and to scuttle dissent and are in complete violation of the scope of sedition law as laid down by constitution bench judgment of Supreme Court in Kedar Nath.

In the petition, a prayer was made for the issuance of an appropriate writ, order or direction making it compulsory for the concerned authority to produce a reasoned order from the director general of police or the commissioner of police, as the case maybe, certifying that the “seditious act” would either lead to the incitement of violence or had the tendency or the intention to create public disorder – before an FIR is filed or an arrest is made on the charges of sedition against any individual.

In the various cases that have been filed in recent years, the charges of sedition against the accused have failed to stand up to judicial scrutiny. The petitioner therefore sought strict compliance with the constitution bench judgment of the Supreme Court in Kedar Nath in which the scope of sedition as a penal offence was laid down and it was held that the gist of the offence of sedition is “incitement to violence” or the “tendency or the intention to create public disorder”. It was submitted that those actions, which do not involve violence or the tendency to create public disorder – such as the organisation of debates/discussions, drawing of cartoons and criticism of the government – do not constitute sedition.

Section 124A of the IPC states “whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India shall be punished with imprisonment for life to which fine may be added or with imprisonment which may extend to three years.”

The petitioners regretted that more than 50 years since the Kedar Nath judgment, Section 124A of the IPC was being allowed to be used irrespective of whether the alleged act or words are, in fact, seditious acts, or constituting a “tendency to cause public disorder or incitement to violence”.

In carrying out arrests and slapping charges, the police and the governments have rarely, if ever, respected this restriction. Successive governments have blatantly used Section 124A to stifle the voice of dissent and to further their political goals. Quoting statistics, they said, according to the National Crime Records Bureau (NCRB) report of 2014, as many as 47 sedition cases were reported across nine Indian states in 2014 alone. Many of these cases did not involve violence or incitement to violence, which is a pre-requisite for a sedition charge. It was submitted that as per NCRB figures, a total of 58 people were arrested in connection with these cases, but the government managed only one conviction.

It said that in 1979, India ratified the International Covenant on Civil and Political Rights (ICCPR), which sets forth internationally recognised standards for the protection of freedom of expression. However, misuse of sedition law under Section 124A and the arbitrary slapping of charges continue to restrict speech in ways that are inconsistent with the ICCPR. In the Kedar Nath judgment, the apex court unequivocally narrowed the scope of Section 124A, but it continues to be misused, thereby making it imperative for this court to issue necessary directions and guidelines to uphold its decision in Kedar Nath which is also compatible with India’s international obligations.

The petitioner acknowledges that words which directly provoke violence, or which directly threaten the maintenance of public order, may deserve censure. However, that is not what the misapplication of sedition law seeks to achieve. The present practice of misapplication of sedition law violates the Kedar Nath judgment. It further aims to crush all opposition to the ruling political party. The regular use of the law continues to have a chilling effect on the freedom of speech and expression in the country. It was submitted that though a small number of sedition cases lead to actual conviction; it causes harassment of individuals till the time judgment comes, which in various cases takes several years.

Meanwhile, individuals charged with sedition have to live without their passport, are barred from government jobs and must produce themselves in court at all times as and when required. A person who is charged also has to spend money on legal fees. The charges have rarely stuck in most of the cases, but the process itself becomes the punishment. The petitioners prayed for a review of all pending sedition cases and for criminal complaints for sedition made before a judicial magistrate with a view to curb the misuse and misapplication of the sedition law.

Observation

Indian government and its core media, especially the TV channels always make it a point to threaten those who speak against the policies of Indian government, particularly on foreign policy matters and Indian attitude towards Kashmiris, with sedition charges.

The historic judgment of the Apex Court on the subject has made it amply clear about the rights of Indian citizens to be watchful the government actions and criticize the actions if they are not found correct.

People have the right to question the policies and principles of Indian government, elected by the people who offer the mandate to rule the nation on their behalf for a term as such the government should enact laws to strengthen the democratic and secular fabric of India and not to try to curtail the freedoms of speech. .

Many Indian human rights people have been warned against opposing militarization of Kashmir and genocides of Kashmir Muslims in Jammu Kashmir and threatened in open in debates with seditions charges and such threats meant to bully and silence the critics of state terrorism. Even Hindus are scared of taking about Indo-Pakistan relations in a positive sense for that reason. TV channels a parade the anti-Islamic, anti-Muslims, and anti-Kashmir, anti-Pakistan guys to jointly attack all of them and make Hindus happy.

Ultra fanaticism belongs exclusively to Israel and India. Their strategic boss USA is slightly better.

Dr. Zakir Hussein – a known Islamic scholar who propagates his vision of Islam is now in jail on “serious” sedition charges. One is not sure if he would be killed in jail in some fake encounter for his firm Islamic faith in Hindutva India. Hopefully he would be released soon after the judgment.

In view of the breathtaking judgment of the Supreme Court on sedition, the federal and state governments should initiate actions if anybody either in the government or media or anybody else MP or MLA, threatens the critics with sedition charges.

India should have zero tolerance to violations of basic human rights.

The Hindutva forces should sop injecting venom into national consciousness by spreading false propagandas just for votes in the forth coming polls.

Polls come and go but unity of India and accommodation of thoughts of minorities should be taken care of by the state.

If the Hindutva forces continue to create divisions in India along communal lines, it is better if the Supreme Court, if it cannot streamline Indian politics making it non-communal as India is a great nation of several religions, languages and nationalities and cultures, could consider canceling elections for the next 10 years and ban hate communal speeches form the public platforms and in meetings. 

Communal hate politics, just like fake entertainers enjoying Padma awards – meant for sincere people of meritorious, selfless services to the nation, as their birth right, has ruined Indian prestige greatly.

Majority fanaticism is ill conceived by the regime but the phenomenon is looked down upon by the world community

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South Asia

Will CPEC be a Factual Game Changer?

Asad Ullah

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Pakistan’s economy is shrinking, and shrink economy always needs reforms, reforms either political, social or economic can be an upright source of wherewithal to fight preceding challenges. Since independence Pakistan is swathed with many serious issues, these are the issues which extremely hamper Pakistan’s economic growth. Nearly every political leader since independence didn’t pay courtesy to deal with problems, however, every political leader has tried to snatch public wealth through different means. For domestic development and trade balance Pakistan always went towards IMF toabailout. Recently in 2019 Pakistan again bailout of almost US$ 6 billion for 39 months.

Pakistan faces long-term economic challenges, including high budget and the debt deficit, low-income mobilization, low external vulnerability and less spending on education, social, health and many other sectors. This imitates the birthright of the jagged and cyclical economic policies of current years aimed at stimulating growth, but at the disbursement of growing weaknesses and persistent structural and institutional weaknesses, Pakistan failed to boost its economy. Thanks to Chinese One Belt One Road Initiatives, which will help Pakistan economy to grow self-reliant under the China Pakistan Economic Corridor CPEC.

The question of whether the so-called CPEC will certainly help Pakistan’s shrink economy or will abundantly abolish the nascent economic system where the Chinese investor will hold the power of the industrial sectors. Most of the leaders see CPEC is another obliteration for Pakistan economy. Furthermore, they believe that the CPEC will destroy the usual exquisiteness, for the construction of the roads, and Special Economic Zones (SEZs), they will cut down thousands of trees, many agriculture lands will convert to buildings, roads, and the pollution level will twofold compare to the present. They refused to ignore that CPEC is a game-changer for Pakistan but rather destruction for the country contemporary status quo.

Such questions got much attention in public, and researchers are worried about the specific outcome. As argued by many intellectuals the CPEC is win-win game, if CPEC allow China to the warm-water of the Arabian-Sea for smooth trade with less coast and safe route to save billions of dollars, so as for Pakistan the CPEC will bring a vast amount of employment opportunities, as well as trade prospects to the domestic people which will minimalize the level of unemployment, poverty, besides most importantly will link all those isolated people and their small business to the industrial hub as well as economic-cantered. 

The CPEC according to most of the observers parting optimistic impacts on Pakistan economy. It believes that the CPEC has generated more than 60,000 jobs for Pakistani in 2015 and expected to generate more than 800, 000 job opportunities in near future 2025. A report released by the Think-Tan of South Asia Investors, the CPEC will offer about two million direct as well as indirect jobs, which will boost the economy and will raise GDP growth to 7.5% compared to 5% present.

Additionally, the data revealed by the World Bank, that the GDP of Pakistan has increased remarkably for $244 billion in 2014 to $300 Billion in 2017. To be more specific the annual GDP of Pakistan improved from 5.2% in 2018to 5.527% in 2019, viewing continuous improving with time being. Consequently, from the above facts, we conclude that CPEC is a game-changer for Pakistan, which will not only build the infrastructure but importantly will boost the economy and will add millions of jobs, unswervingly contributing toward the GDP growth of Pakistan.

The story isn’t finished yet. The CPEC, on the other hand, emphasis on Special Economic Zones (SEZs), under the CPEC agreement, there are eight SEZs has been planned. The important aims of special economic zones SEZs are to sustain trade balance, increase employment, create jobs and increase investment. These are the zones where the trade and other business’s laws are different from the rest of the states though SEZs are located inside the border of a nation. As far as SEZs are concerned China experienced successful stories of the so-called SEZs.

Fortunately, most of the SEZs are also in those isolated areas like Baluchistan, Gilgit Baltistan and Mohmand Agency, these areas are almost disregarded by many preceding governments due to the deficiency of pecuniary resources. The infrastructure, education, and the health system of these areas are self-same diminutives. Hence, after the construction of SEZs in these areas, will not only pave the infrastructure but health and the standard of living will rise along with education and many other amenities. In conclusion, all these SEZs will create thousands of jobs across the country which will raise thousands of people from poverty, unemployment as well as improve the standard of living.

Considering the fact that CPEC has a positive impact on Pakistan’s economy, such impacts are strongly related to trade and investment. Since a longtime, China is a major and important investor in Pakistan. But the flow of goods and services, as well as the investment, has risen up particularly after 2000. Trade is thus important for economic development. The CPEC has tremendous positive impacts on the trade relation between China and Pakistan, as well as the neighbour’s states. The CPEC will improve the trade relationship between Pakistan and the neighbour countries in addition to a general trade opportunity directly or indirectly, which will improve the economic condition of Pakistan.

Finally, it’s concluded that economically the CPEC is the combination of SEZs, infrastructures, gas, and pipeline which will, of course, help Pakistan to overcome energy shortage, infrastructure problem, unemployment, eradicate poverty up to some extent and will raise the GDP.

In previous ten years, the country experienced political instability which blowout many domestic social, economic as well as a political problem, resulting in the high inflation rate, corruption, poverty, social isolation because of poverty and unemployment. These kinds of problems which up to a great extent affect the country’s economic and social system are predictable to change under the CPEC contract. This contract will not only boost the economy but will also change the social and cultural ways of life. People to people communication, adopting a new culture, the rise of the living standard are all related to the CPEC.

The CPEC will also bring socio-cultural changes such as educational exchange, training and skill exchange, media exchange and business exchange. Thus, the CPEC is a real game-changer for Pakistan, which will increase regional cooperation, peace and stability in the region, diverse investment opportunities, socio-economic development (education, water and gas supply, medical treatment, poverty alleviation), educational exchange, professional drill, and will improve safety and constancy in the areas.

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Post-UNGA: Kashmir is somewhere between abyss and fear

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Hailed as a hero for calling out New Delhi’s draconian measures in occupied Kashmir, Imran Khan warned the world of a “bloodbath” once India lifts its lockdown of Jammu and Kashmir. He persuaded global leaders to denounce the brutalities and human rights violations unleashed on Kashmiris ever since the disruption of the decades old status quo, which had been granted by the symbolic autonomy of Articles 370 and 35(A) within the Indian constitution. The constitutional coup d état ensures the alienation of Kashmiris in IOK beyond the point of redemption with massive spillover effects across the LOC. Pakistan is home to 4,045,366 self-governed and independent Kashmiris as per the 2017 census, who are desired of more than a political and diplomatic support for their brothers in IOK. India and Pakistan have already fought three wars on the Kashmir issue.

Focusing on the brazen denial of core human values, Imran Khan prognosticated a more radicalized world as the scourge of radicalism finds more fodder in a discriminated society. If climate change is ignored, the clichés of religious affiliation continues and the inherent right of self-determination remains disregarded, violent reaction is inevitable. He said, “we all know that marginalisation leads to radicalization”… “No one did research that before 9-11, the majority of suicide bombers in the world were Tamil Tigers. They were Hindus”, but Hindus rightly escaped the blame since belief and religion has nothing to do with desperation.

Imran Khan talked more like Gandhi than the nation of Gandhi itself. He reminded the world of the reincarnation of the progrom and racial ridden medieval periods when religion and state were inseparable .It has reshaped and now resides more in inter-state relations while negatively stirring regional cooperation and globalization. Already enwrapped in a world of deprivation, the fifth largest population of South Asia is fearfully seen at the brink of a nuclear war with there being very few options left for a seven times smaller nuclear state of Pakistan, which has been already driven to the wall. The speech was well received and touched a chord with many Kashmiris reeling under the unprecedented communications blackout and travel restrictions in place since August 5.

“It felt like there is someone to watch our back. It felt that someone is talking for us, that we are not alone”, was the feeling commonly displayed. Hundreds of affected Kashmiri stakeholders came out of their homes, shouting slogans in support of Imran Khan and calling for the independence of Kashmir despite the movement restrictions and deployment of additional force by India in Srinagar.A fresh charge sheet has also been filed by the National Investigation Agency (NIA) of India against the chief of Jammu & Kashmir Liberation Front, (JKLF) Yasin Malik, and other leaders including Asiya Andrabi, and Masarat Alam on October 4, 2019.

Conjuring up his dystopian vision, Prime Minister Modi made no mention of the disputed region of Kashmir in his read-out speech at the UN along the lines of diplomatically bureaucratic explanation. He only ticked the fanciful boxes of development, progress, and world peace, annihilation of terrorism and protection of environment. This speech however, was soon followed by a threat from his own government’s defence minister calling for the liberation of Pakistani Administered Kashmir as the next step in India’s quest for regional dominance.

Moreover, Imran Khan has also expressed his fears in his erstwhile meetings with Donald Trump, Angela Merkel, Emmanuel Macron and Boris Johnson on the sidelines of the General Assembly session. Trump has offered mediation, but only if both Pakistan and India agree. A senior US diplomat for South Asia called for a lowering of rhetoric between India and Pakistan, while saying that Washington hoped to see rapid action by India to lift restrictions it has imposed in Kashmir and the release of detainees there. Similarly, State Councilor and Foreign Minister of China, Wang Yi, in his address to the General Assembly on 27 September stated that,;”The Kashmir issue, a dispute left from the past, should be peacefully and properly addressed in accordance with the UN Charter, Security Council resolutions and bilateral agreements.”

Nonetheless, an arrogant denial by India to the support of Pakistan’s stance on Kashmir by Turkey and Malaysia is more of an inept understanding of diplomacy and international commitment. India needs to step out of the skeptical comprehension of the role of the UN that was pronounced by Ms. Vidisha Maitra India’s Permanent Mission to the UN. The sway of diplomatic terms espoused with preconceived historical interpretations could be misguiding for political leaders. Modi needs to keep his ears close to the ground to save his political future. It is an extensional battle for Kashmiris. No concertina wire can blur the contradiction in his approach to the issue, “when they are in India they say it is an internal issue and when they are on the international forums, they consider it a bilateral issue,” said one of the residents of Srinagar. Confusion exacerbates the fear, which consequently becomes a forerunner to terrorism. Same goes for the US whose mediator’s role gets paradoxical by Trump’s close alliance with Modi in his perusal of Asia-Pacific policy. Though, Imran Khan is perpetually using his political and diplomatic influence proactively, to mobilize both the international community and his own people, the anti-India feeling, the pro-militancy sensitivity and the general sense of despair — is stronger than before in Kashmir.

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South Asia

Kashmir Issue at the UNGA and the Nuclear Discourse

Haris Bilal Malik

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The Kashmir issue has more significance in view of the nuclearization of South Asia as many security experts around the world consider Kashmir a potential ‘nuclear flashpoint’ between India and Pakistan. The revocation of the special constitutional status of Kashmir by the BJP government on August 5, 2019, also referred to as Jammu and Kashmir Reorganization Act 2019 and the subsequent lockdown in Kashmir has since considerably increased political and diplomatic tensions between India and Pakistan. India’s recent moves and actions in Kashmir have once again internationalized the Kashmir dispute. This was evident during the UN General Assembly’s 74th Session, where the Kashmir issue remained a crucial agenda item for several countries.

During this year’s session prominent leaders of the world condemned Indian brutalities in Kashmir. Turkish President Recep Tayyip Erdoğan criticized the international community for failing to pay attention to the Kashmir conflict and called for dialogue to end this dispute. Malaysian Prime Minister Dr. Mahathir Mohamad said that Kashmir “has been invaded and occupied” by India despite the UN resolution on the issue. Chinese Foreign Minister Wang Yi also discussed the issue and called for a peaceful resolution of the dispute based on the UN Charter and Security Council resolutions. Based on the grave importance of Kashmir as a potential ‘nuclear flashpoint’ between India and Pakistan, Prime Minister Imran Khan, while addressing the UNGA warned the world community about the dangers of a nuclear war that according to him might break out over Kashmir due to Indian atrocities. The current situation appears to be the most critical time for both the countries and the region as both countries are nuclear-armed.

However, unfortunately, the Indian leaders and media perceived Prime Minister Imran Khan’s warning as a nuclear threat and termed it as ‘brinkmanship’. Contrary to this perspective, it is worth mentioning here that the Indian leadership itself is involved in negative nuclear signaling and war hysteria against Pakistan in recent months. For instance, the 2019 Indian General Election campaign of Prime Minister Modi was largely based on negative nuclear signaling comprising of several threats referring to the possible use of nuclear weapons against Pakistan. Furthermore, as an apparent shift from India’s ‘No First Use’ (NFU) policy, on August 16, 2019Indian Defence Minister Rajnath Singh, while on a visit to the Pokhran nuclear test site paid tribute to the late former Prime Minister Atal Bihari Vajpayee and asserted that India might review its NFU policy. He stated that a change in future circumstances would likely define the status of India’s NFU policy. Since then there is no official denial of this assertion from India which indicates that India might abandon its NFU policy.

Moreover, India’s offensive missile development programs and its growing nuclear arsenal which include; hypersonic missiles, ballistic missile defence systems, enhanced space capabilities for intelligence, reconnaissance, and surveillance and the induction of nuclear-powered ballistic-missile-capable submarines clearly indicate that India’s nuclear weapons modernization is aimed at continuously enhancing its deterrence framework including its second-strike capabilities vis-à-vis Pakistan. This is also evident from India’s military preparations under its more recent doctrines such as the 2017 Joint Doctrine of the Indian Armed Forces (JDIAF) and the 2018 Land Warfare Doctrine (LWD)which are also based upon more proactive offensive strategies and indirect threats of pre-emptive strikes against Pakistan.

As evident from the above-mentioned developments, it seems likely that India aspires to increasingly project itself as a regional hegemon and a potential superpower. The BJP government under Prime Minister Modi inspired by the Hindutva ideology is taking offensive measures under the notions of ‘a more Muscular or Modern India’ based on strong military preparedness. In such circumstances, Pakistan’s threat perception would likely remain increasingly inclined towards its eastern border. Pakistan due to its economic constraints would also likely face considerable difficulties in competing with India toe to toe with respect to its military modernization plans. Pakistan is already punching well above its weight, and nuclear deterrence would be the only way through which Pakistan can maintain a precise balance of power to preserve its security. This could only be carried out by deterring India with the employment of both minimum credible deterrence and full-spectrum deterrence capabilities. This posture clearly asserts that since Pakistan’s nuclear weapons are for defensive purposes in principle, they are aimed at deterring India from any and all kinds of aggression.

Hence, at the present India’s forceful annexation of occupied Kashmir and the resultant nuclear discourse at the UNGA has further intensified Pakistan-India tensions. Under present circumstances, the situation could easily trigger another politico-military escalation between India and Pakistan. Prime Minister Modi has bet his political reputation on his move to annex the region and his political career is on the line. The same way Pakistan’s politico-military establishment is equally unlikely back down from its stance on Kashmir. It would be difficult for both countries to come down from the escalation ladder because politico-military reputations would be at stake at both ends. Consequently, Pakistan might be forced to take action before India’s modernization plans get ahead and might respond even sooner.

The nuclear discourse in Prime Minister Imran Khan’s speech against the backdrop of the Kashmir crisis at such a high forum like UNGA would likely keep the issue internationalized. The situation demands the UN fulfill its responsibility of ensuring peace and to prevent billions of people from the dangers of a nuclear war. However, Indian blame game, aggressive behavior and offensive nuclear signaling against Pakistan all present a clear warning of nuclear war. It would greatly limit the prospects for international mediation especially by the United Nations whose resolutions on Kashmir clearly provide a right of self-determination to decide Kashmir’s future.  

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