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Tibetan Buddhist leaders face “Me Too” rage

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A series of reports of sexual and physical abuse against high-ranking Tibetan lamas and teachers are shaking Tibetan Buddhist communities around the world.  What began as a trickle of complaints is slowly growing into a constant stream of very public accusations. The fury risks destroying the long-standing image of Tibetan Buddhism as a religion rooted in morality and benevolence, with the alleged actions by some of its most famous exponents seeming to be driven more by lust, greed, and corruption.

An increasing number of alleged victims have begun to come forward, raising questions about how such abuses, apparently widespread in Tibetan Buddhist communities around the world, can remain under the radar of public consciousness for so long. The developments have a striking resemblance to the case of the powerful Hollywood movie magnate Harvey Weinstein, accused after decades of being a serial sexual predator. The claims against Weinstein eventually triggered the “Me Too” movement and a flurry of similar charges against other prominent figures in the industry.

Earlier this month, the Dalai Lama, the spiritual leader of Tibetan Buddhism, met a delegation of alleged victims who claimed to have been abused by previous or current Buddhist teachers. The delegation presented to the Dalai Lama the testimonies of twelve victims of these abuses. According to the Spanish news agency Efe, reported the BBC, one of the delegations claimed that at first, the Dalai Lama seemed reluctant to listen to their stories, but that after 10 minutes of conversation became “more receptive”.

The controversy threatens to plunge Tibetan Buddhism into the same kind of controversy that has involved the Catholic Church for decades. During this time, Catholic leaders have vigorously sought to minimize any suggestion that sexual abuse in its ranks was prevalent, characterizing a series of scandals that have shattered over the years as isolated incidents and stating that these were internal issues that should be addressed outside the public spotlight.

It was only since the election of Pope Francis as its head that the Catholic Church has sought to deal more transparently with the murky side of its past. In August the Pope met with several victims who had been abused by the clergy during a visit to Ireland and roundly condemned decades-long efforts from within the Church’s ranks to cover up such abuse.

A fallen star

A number of accusations have been leveled against Sogyal Lakar Rinpoche, founder of Rigpa, an international network with some 100 different centers across 40 countries. Sogyal was forced into retirement in 2017 in the wake of mounting sexual and physical abuse claims. He no longer heads Rigpa.

Sogyal, whose book “The Tibetan Book of Living and Dying” sold millions of copies and made him an international celebrity, long enjoyed the support and endorsement of the Dalai Lama, in return helping to fill the coffers of the Central Tibetan Administration (CTA), the Dalai Lama’s government in exile. That was despite the allegations of abuse against him, which go back more than two decades. They included a widely reported case in 1994 when an American student brought a multi-million dollar lawsuit against him alleging sexual and physical abuse, which he had perpetrated under the guise of curing her “bad karma”. Few details reached the public, however, as the case was settled out of court for an undisclosed sum.

In spite of this, the Dalai Lama continued to give his tacit endorsement to Sogyal, visiting communities under his care and appearing with him publicly on a number of occasions. For example, the two were pictured together alongside the then French first lady Carla Bruni Sarkozy at the inauguration of the Lerab Ling teaching center in southern France in 2008, reputedly the largest Tibetan Buddhist temple in the west.

Powerless to intervene?

The Dalai Lama’s objection that given his predominantly spiritual role, he is unable to interfere in the day-to-day running of Tibetan Buddhist communities, rings hollow. When it comes to more arcane doctrine, he has had no qualms about condemning worship of the Dorje Shugden deity, a practice he has condemned as a “danger to the cause of Tibet” and he considers heretic and antagonist to his power. The Dalai Lama asked Shugden acolytes to refrain from attending his teachings, effectively ostracising them from Buddhist society, with the backing of the CTA which went as far as issuing directives against them. In 2014, the CTA legislated to criminalize the worship of this deity and produced a list of people who have voiced their disagreement with the Dalai Lama’s religious prohibitions. Both the Dalai Lama and the CTA’s official websites carry the same Dalai Lama pronouncements on Shugden. On the Dalai Lama’s site, they are regarded as religious decrees and on the CTA’s site, law.

What has stopped the Dalai Lama raising similar objections against leaders accused of sexual depravity and misconduct? For the CTA, it cannot argue, like the Dalai Lama does, that its role is purely spiritual. It would certainly have had the political authority within the Buddhist community worldwide to denounce sexual abuse wherever it was proven, to aid and encourage investigations of abuse and to withdraw moral and practical support from errant spiritual and political leaders. Instead, the CTA has abjectly failed to take responsibility for those who wield power within its ranks or their actions.

More widespread than thought

Sogyal’s abuse is not an isolated case. In fact, similar incidents have also been reported in other Tibetan Buddhist communities worldwide. Project Sunshine, an initiative that has worked to expose sexual violence in Buddhist communities, raised further allegations of sexual assault by Sakyong Mipham Rinpoche, the leader of Shambala International, as well as some other leaders of the community in August this year. Headquartered in Halifax, Canada, Shambala has some 165 centers worldwide. Former Shambala disciple Christine Chandler has denounced certain spiritual leaders as “Buddhist enablers of sexual abuse”. Shambala International and a lawyer for Sakyong Mipham have denied the Project Sunshine allegations.

Another widely cited case of abuse emerged in 2011 when Lama Choedak Rinpoche, the leader of the Tibetan Buddhist Society of Canberra, was forced by members of his community to make a public apology after admitting to multiple sexual relationships he had with his female students.

Elsewhere, the Dalai Lama’s personal emissary Lama Tenzin Dhonden, who was dismissed last November amid corruption allegations, also allegedly breached his monastic vow when embarking on a widely publicized affair with Seagram heiress Sara Bronfman. Yet he was not disrobed at the time but was only dismissed last November when a series of corruption allegations – including complaints that he demanded cash for securing access to the Dalai Lama – made him too hot for the spiritual leader to keep on. Like Sogyal, Dhonden’s transgressions were over a period of time.

One reason why such behavior went unchecked for so long is that abusive spiritual leaders were often able to put the onus on their victims, making them believe they deserved the punishment or even needed to be subjected to abuse in order to gain further enlightenment.

As former Rigpa students wrote to Sogyal Lakar in an open letter: “If your striking and punching us and others, and having sex with your students and married women, and funding your sybaritic lifestyle with students’ donations is actually the ethical and compassionate behavior of a Buddhist teacher, please explain to us how it is” (quoted in Behind The Thanks, a book by Tibetan Buddhism scholar Mary Finnegan).

Such behavior is a far cry from what Rigpa founder’s own advice to teachers in his famous book, The Tibetan Book of Living and Dying.  In it, Sogyal wrote that “…true teachers are kind, compassionate, and tireless in their desire to share whatever wisdom they have acquired from their masters, never abuse or manipulate their students under any circumstances, never under any circumstances abandon them, serve not their own ends but the greatness of the teachings, and always remain humble.”

Easier said than done, as the saying goes, especially if there is no censure or sanction for acting otherwise. Today’s students of Tibetan Buddhism may hope their future leaders are able to live by such precepts, as well as just articulating them… but they could be forgiven for being just a tiny bit skeptical, especially when it is clear that the Dalai Lama has thus far shirked the role of a martinet of these precepts.

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Muslim-Evangelical alliance strives to create religious and political middle ground

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A recent unprecedented alliance between Muslims and Evangelicals takes on added significance in a world in which human rights are on the defensive, religious groups tend to forge political as well as ideational partnerships, and the role of the clergy in multiple Muslim-majority countries has come under scrutiny.

The alliance potentially could create a platform for voices in the Muslim world, particularly the Middle East, in which significant segments of the youth who constitute a majority of the population, increasingly reject state-controlled, ritualistic forms of religion and distrust clerics subservient to the government.

It could also offer a middle ground on which elements of the secular centre-right and centre-left could meet based on shared faith-based values in deeply polarised parts of the world, particularly in the West.

International affairs and inter-faith scholar Michael Driessen suggested in an email to this writer that the recently forged alliance between Indonesia’s Nahdlatul Ulama (NU), one, if not the world’s largest Muslim civil society organization, and the World Evangelical Alliance (WEA), fits a pattern of partnerships between diverse religious groups that goes beyond seeking to protect minorities to promotion of social cohesion and fraternity.

Speaking at a virtual meeting of the Interfaith Forum of the Group of 20 or G20 that brings together the world’s largest economies, Tunisian Islam scholar Nejia Al-Ourimi seemed to anticipate the alliance when she argued that reform of Islam would have to be bottom-up and originate in civil society rather than top-down and directed and controlled by autocratic rulers who see it as a way of branding themselves and their nations as well as and one way of ensuring survival.

Ms. Al-Ourimi reasoned further that genuine inclusivity was precluded in much of the Middle East because most Arab constitutions assume that the state has a religion. She went on to say that “what we need to do is reframe the traditional approaches of linking religion to legislation. We must find leaders who are willing to withdraw from the traditional way of participating in the public sphere—through the legal and legislative dimensions—and return from a ‘values’ perspective to guide ethical efforts.”

In a contribution to a recently published report on Human Fraternity and Inclusive Citizenship issued by the Italian Institute for International Political Studies (ISPI) and the Beirut-based Foundation for Diversity, Solidarity and Human Dignity (Adyan), Ms. Al-Oumiri points to a series of lofty, lovey-dovey inter-faith statements issued in the past decade by different combinations of Arab Muslim and non-Muslim clerics, religious and secular intellectuals, and politicians.

The statements constituted attempts by Muslim religious authorities and autocratic governments to keep ahead of the curb of youth aspirations and project themselves as voices of moderation by emphasizing religious freedom, religious pluralism, and inclusive citizenship irrespective of religious belief.

The statements include the 2012 Statement on Basic Freedoms issued by Al Azhar, Islam’s Cairo-based oldest institution of Islamic learning that has long been swayed by Saudi and United Arab Emirates financial support, the 2016 Marrakech Declaration that called for the development of a jurisprudence of that enshrines the concept of inclusive citizenship, and the Document on Human Fraternity signed in the UAE in 2019 by Pope Francis and Sheikh Ahmed Al-Tayeb, the Grand Imam of Al-Azhar.

Referring to the 2012 Al Azhar statement, Ms. Al-Oumiri highlighted the fact that the statement was issued in the wake of popular revolts that in 2011 toppled the leaders of Tunisia, Egypt, Libya, and Yemen. Saudi and UAE manoeuvres helped roll back the revolts’ achievements in all of the countries except for Tunisia.

The manoeuvres did not roll back what Ms. Al-Oumiri described as a “new awareness” among “all the components that participated in the protest movement, secularists, liberals, Christians, Muslims and others, (that) became aware of the fact that the bilateral polarization and exclusionary relations prevailing at that time were the main reason for the dispersion of forces capable of inducing positive change and extricating Arab society from its chronic crisis.” It is an awareness that expresses itself today among others in changing youth attitudes towards religiosity.

Ms. Al-Oumiri’s ‘new awareness’ is one factor that hampers autocratic efforts to shape a moderate form of Islam that serves the needs of social change and economic diversification without conceding democratic freedoms, projects autocrats as religious moderates as part of their nation branding and furthers their quest for religious soft power.

The ‘new awareness’ is borne out by research and opinion polls that consistently show that the gap between the religious aspirations of youth and state-imposed interpretations of Islam is widening. The polls and research suggest that youth are increasingly sceptical towards religious and worldly authority. They aspire to more individual, more spiritual experiences of religion.

As a result, Nahdlatul Ulama’s opportunity to turn its alliance with the WEA into a vehicle of change in both the Muslim world and the West is enhanced by the fact that religious reform in rival contenders for religious soft power like Saudi Arabia, the UAE, Qatar, and Egypt is top-down by decree or changes in common or civil rather than, more sustainably, bottom-up and anchored in religious law and jurisprudence.

The point was highlighted when Nahdlatul Ulama’s religious leaders took the first step towards reform of religious law and/or jurisprudence in 2019 by replacing the notion of the kafir or infidel with the concept of muwathinun or citizens to emphasize that Muslims and non-Muslims were equal before the law.

Leaders of the group say that they intend to tackle other outdated, intolerant, or supremacist concepts such as the dhimmi or People of the Book, and slavey that remain reference points even if large numbers of Muslims do not heed them in their daily life, as well as eventually blasphemy and apostasy.

Nahdlatul Ulama’s opportunity is further both bolstered and complicated by the fact that autocratic Muslim rulers wittingly or unwittingly reinforce Islamophobic tendencies in multiple ways by their often brutal abuse of human rights at home and their support of policies in various parts of the globe that encourage negative perceptions of Islam and Muslims.

These policies include the blurring in countries like France and Austria of the lines between political Islam and piety as well as autocratic Muslim acquiescence, if not endorsement of the crackdown on Turkic Muslims and Islam in China’s north-western province of Xinjiang.

Nahdlatul Ulama, despite its tangible adherence to principles of democracy, human rights, and tolerance, has yet to clearly distinguish itself from autocratic religious soft power rivals when it comes to its shared rejection of political Islam and identity politics. In other words, how it handles Islamophobia is likely to be a litmus test for Nahdlatul Ulama as well as its alliance with the Evangelicals.

Making that distinction clear is likely to also enhance the Nahdlatul Ulama-WEA alliance’s ability to bring together elements of the centre-right and centre-left could meet based on shared faith-based advocacy of human rights, democratic freedoms, and tolerance at a time that democracy is on the defence.

The linkage between the Nahdlatul Ulama-WEA alliance’s opportunity to serve as a bridge in both the religious and political domain is evident not only when it comes to countering religious supremacism but also far-right extremism. It is that linkage that adds a geopolitical dimension to the alliance’s potential.

Germany, where ultra-nationalist supremacists, despite recent electoral setbacks for the Alternative for Germany (AfD), have infiltrated the security and armed forces, spotlights the importance of creating a religious and political centre that is driven as much by shared values as it is by interests.

Security services recorded more than 1,400 cases of suspected far-right extremism among soldiers, police officers and intelligence agents in recent years. The German defence ministry last year disbanded a whole company of special forces after explosives, a machine gun, and memorabilia of the Nazi’s SS were found on the property of a sergeant major.

The geopolitical significance of developments in Germany is enhanced by the fact that some German ultra-nationalists and members of the far-right are believed to have links to Russia and /or far-right Russian nationalists.

In the latest German incident, prosecutors are investigating an official of Federal Office for the Protection of the Constitution (BfV), the country’s domestic intelligence agency, suspected of helping plan the assassination of a Chechen dissident as part of a campaign across Europe that targets critics of Ramzan Kadyrov, the president of the Russian republic of Chechnya. Mr. Kadyrov is widely viewed as an associate of President Vladimir Putin and maintains close ties to Middle Eastern autocrats.

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Defining moderate Islam: Muslims and Evangelicals forge an alliance

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A major Muslim and Evangelical organization joined forces this week to significantly advance hitherto state-backed ceremonial inter-faith dialogues that seldom go beyond platitudes and lofty statements.

This week’s launch at a Washington DC mosque of an inter-faith alliance and a book published by the Institute for Humanitarian Islam and the Germany-based World Evangelical Alliance (WEA) as well as the Center for Shared Civilizational Values constitutes an Evangelical endorsement of Humanitarian Islam.

It also amounts to a rare Muslim celebration of an Evangelical authority, WEA secretary general Archbishop Thomas Schirrmacher, who played a key role in building a relationship between the Evangelical group and Indonesia’s Nahdlatul Ulama, one, if not the world’s largest Muslim movement.

“Dr. Schirrmacher’s decision to engage with the Humanitarian Islam movement may prove to be singularly consequential, and perhaps even historic, in its ramifications for the relationship between Christians and Muslims,” the editors of the book, Thomas K. Johnson and C. Holland Taylor said in their introduction.

Entitled ‘God Needs No Defense: Reimagining Muslim – Christian Relations in the 21st Century,’ the book is an anthology of essays written by preeminent Muslim and Christian scholars.

Based in the Indonesian capital of Jakarta, the Institute for Humanitarian Islam was established by Nahdlatul Ulama to advance globally its humanitarian interpretation of the faith.

Nahdlatul Ulama sees the concept as an alternative to state-backed less developed and less tolerant and pluralistic notions of a moderate Islam as propagated by countries like Saudi Arabia and the United Arab Emirates as well expressions of political Islam represented by Turkey, Iran, and the Muslim Brotherhood.

Nahdlatul Ulama was founded almost a century ago in opposition to Wahhabism, the austere interpretation of Islam propagated for decades by Saudi Arabia until the rise in 2015 of King Salman and his son, Crown Prince Mohammed bin Salman.

The Indonesian group positions Humanitarian Islam as advocating genuine religious reform rather than self-serving social and rhetorical change advocated by rulers eager to implement long-overdue economic and social reform and project themselves as genuine religious moderates in a global battle for Muslim religious soft power and the soul of Islam.

The differences between Nahdlatul Ulama’s Humanitarian Islam and the interpretations of the faith put forward by its conservative monarchical and republican Islamist soft power rivals are stark and raise fundamental questions about what constitutes genuine reform and how it can sustainably be achieved.

The differences pitch an independent civil society group, albeit one with close ties to the state, against states themselves.

Nahdlatul Ulama’s independence has allowed it to start a process of real change rooted in religious law and jurisprudence rather than a ruler’s decree or opinion issued by subservient clergymen.

The group challenges outdated, intolerant, or supremacist concepts such as the kafir or infidel, the dhimmi or People of the Book, and slavey that remain reference points even if large numbers of Muslims do not heed them in their daily life, as well as eventually blasphemy and apostasy.

The group’s religious leaders took the first step in 2019 by replacing the term kafir with the word muwathinun or citizen to emphasize that Muslims and non-Muslims were equal before the law. “The word ‘kafir’ hurts some non-Muslims and is perceived to be theologically violent,” Nahdlatul Ulama cleric Abdul Moqsith Ghazali said at the time.

Independence also enabled Nahdlatul Ulama to embrace the Universal Declaration of Human Rights, parts of which are exempted by its religious soft power rivals. That is not to say that liberals may not take issue with some of the interpretations of the declaration by Nahdlatul Ulama, a socially conservative movement.

The differences raise questions about Nahdlatul Ulama’s ability to succeed beyond the significant inroads that the group has made among political and religious elites in the United States, Europe, the Vatican, and parts of Africa and Asia.

The launch in Washington of the unprecedented alliance and the book is together with Nahdlatul Ulama’s association with the Centrist Democrat International (CDI), the world’s largest grouping of political parties, the most publicly visible evidence of its success among elites.

The alliance puts flesh on the skeleton of recent inter-faith dialogue by bringing together two of Islam and Christianity‘s major groups. Nahdlatul Ulama has tens of millions of followers while the World Evangelical Alliance says it represents 600 million Protestants and national evangelical alliances in 140 countries. The alliance with Nahdlatul Ulama casts a different light on Evangelicals as opposed to Evangelists, who particularly, in the United States have often come to be identified with Christian nationalism and Islamophobia.

The alliance aims “to prevent the political weaponization of identity; curtail the spread of communal hatred; promote solidarity and respect among the diverse people, cultures and nations of the world; and foster the emergence of a truly just and harmonious world order founded upon respect for the equal rights and dignity of every human being,” the Institute for Humanitarian Islam and the  Nation’s Mosque in Washington, said in a press release.

With the creation of the Center for Shared Civilizational Values, the alliance also constitutes an effort to create a platform for a dialogue that moves beyond elites to nurture a grassroots movement in favour of religious reform across major religions that emphasizes inclusivity, pluralism, tolerance, and common values rather than exclusivism and supremacy fueled by identity politics. (In the spirit of transparency, this writer has been invited to be a member of the centre’s advisory board).

In doing so, the Center hopes to build on Nahdlatul Ulama’s substantial popular base in Indonesia, the WEA’s reach across the globe and a range of contacts and interactions with Catholic, Jewish, and Hindu groups and personalities.

The choice of Masjid Mohamed, the Nation’s Mosque, as the venue of the launch, suggests an outside-in strategy in trying to garner grassroots support in the Muslim world. Located in Washington’s historic African-American Shaw district, Masjid Muhammad is the first mosque in the United States built by descendants of slaves.

As such, the launch constitutes an outreach to a minority Muslim community in a Western democracy that despite upheaval in the United States as the country struggles to come to grips with its history of racism is likely to be more accessible and perhaps more open to Humanitarian Islam’s message than significant segments of the population in Muslim-majority countries like Pakistan or the Middle East where many see what has long become a global faith through the lens of its Arab origins.

The alliance takes on added significance in a Western world that despite the electoral defeat of former US President Donald J. Trump and setbacks in Europe suffered by populists and ultra-nationalists has in recent years increasingly mainstreamed prejudice, bias, and authoritarianism.

“Rather than the world becoming more like the United States, as so many of us expected after the Cold War, the United States has become more like the rest of the world—in particular, its authoritarians,” noted foreign policy analyst Steven A. Cook, debunking the projection of the US as a beacon of liberty and freedom.

In a twist of irony, Nahdlatul Ulama’s book publication coincided with a more narrowly focused and transactional Saudi-backed launch in Lebanon of a book, ‘The relationship between the Maronite patriarchate and the Kingdom of Saudi Arabia.’ Written by Maronite Father Antoine Daw, Saudi support for the book and outreach to the Maronites was part of the kingdom’s effort to counter Iran’s regional influence and engage the Islamic republic in direct and indirect issue-oriented dialogues.

The launch in Bkirki, the Maronite patriarchate’s episcopal see, followed a call by Patriarch Bechara Boutros Al-Rahi, Lebanon’s most senior Christian cleric, for a meeting with Hezbollah, the Lebanese Shiite militia that is Iran’s closest ally in the Arab world.

The patriarch urged Hezbollah, one of Lebanon’s most powerful groups that played a key role in Iranian support for the Syrian regime of President Bashar al-Assad to move towards a position of neutrality in a bid to salvage Lebanon that is teetering on the brink of economic and political collapse.

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Sedition law: Hand-maiden of the Modi’s government

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Sedition laws have become a handmaid of India’s government under Narendra Modi to stifle dissent, incarcerate political opponents or persecute minorities. Shouting  a slogan, wall chalking, social post “azadi” (liberty), wearing a prayer cap, or offering prayer on adjoining roads when a mosque is overcrowded could attract sedition charges. Even interfaith marriages or cow related offences could be tried as sedition. The Hindu-monk chief minister of Uttar Pradesh had directed his administration to try cow related offences under the National Security Act. Some states have passed love-jihad laws to prevent interfaith marriages. The over-ebullient Hindu extremists haul up even such people to the police stations who are happily married long before enactment of the law banning inter-faith marriages.

Apathy of India’s Supreme Court

Till recently, the Supreme Court had looked the other way in cases where there was blatant misapplication of the sedition law. Some verdicts smacked of communal bias. India being a secular country, the Supreme Court should have avoided dabbling into religious matters of different communities particularly of the largest minority, the Muslim. But, in vain. The Supreme Court pronounced that a mosque was not essential to Muslim way of worship. It allowed demolition of the ancient Babri Mosque. Thus it accepted the fictitious contention that Ram god was born at the site of the mosque millennia ago.

In marked contrast to its “Islamic” judgments, the Supreme Court had a benign attitude toward the Hindu religion. It admitted that a temple was necessary to the Hindu mode of worship. It allowed menstruating women to visit Sabarimala temple.

Supreme Court’s awakening

The plethora of sedition cases awakened the SC from its slumber. While quashing the sedition case against journalist Vinod Dua, the Supreme Court expressed ennui on slapping sedition charges to gag journalists. A  Bench of the Supreme Court led by Justice UU Lalit upheld “ the right of every journalist to criticise, even brutally, measures of the government with a view to improving or altering them through legal means”.The case against the journalist had been filed by the ruling BJP and was fervently defended by the Himachal Pradesh state government. The journalist was accused of “criticising the prime minister and the Union government for mishandling of the migrant crisis during the first wave of the Covid-19 pandemic”. The court drew attention to the 1962 Nath case judgment. That judgment took the sting out of the sedition cases filed under Section 124-A of the Indian Penal Code. In the aforementioned case, the Supreme Court had ruled that Section 124A of the Indian Penal Code can be used only when someone’s word actually leads to violence or generates an inclination for violence. The Section 124A describes sedition as punishable with imprisonment from three years to life, a fine or both.

Among journalists facing sedition cases is Siddique Kappan based in Kerala. He was arrested by the Uttar Pradesh police while on his way to Hathras to cover a rape case last year and had been denied bail. Kappan and 21 other journalists covering the Hathras rape case were charged under Section 124A.

Similarly, several prominent journalists were charged under the sedition law for their coverage of the farmers’ tractor rally in Delhi on Republic Day. The Supreme Court stayed the arrest of all of them. The Court observed that the Constitution has varying criteria for permissible restrictions on freedom of speech and expression and draws a boundary between serious and aggravated forms of public disorder which are calculated to endanger the security of the State and the relatively minor breaches of the peace of purely local significance.

 India’s Supreme Court had earlier observed in its 1950 judgment on Romesh Thapar versus State of Madras. “Only a higher degree of threat pertaining to endangerment of the foundations of the State could justify curtailment of the rights to freedom of speech and expression,” Thapar was editing a weekly journal called Cross Roads which was constantly at loggerheads with the Congress government of the day.

Disregarding the guidance in this judgment, the successive governments continued to mis-apply the sedition law.

Birth of the sedition law

When the Indian Penal Code was enacted in 1860, the sedition law was not included in it.  It took another 10 years for Section 124A to be included. Mahatma Gandhi was tried under this law in 1922. He told the court that the law had malafide intent. It was tailor-made to suppress the liberty of the citizen.

Concluding remark

India’s Law Commission issued a directive in 2018 that cautioned that a simple expression of a thought inconsistent with the government’s policy did not qualify as “sedition”. One has to be circumspect while invoking the sedition law. Yet, the Commission’s voice has proved to be a voice in the wilderness. Sedition law is a handy tool to stifle dissent. It is hoped that India’s Supreme Court will define the contour of the law more stringently to preclude its misuse by the fanatic Modi government.  

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