Why Indian laws need to treat corruption as sedition
by Arvind Kejriwal
by Arvind Kejriwal
03 January 2011, 04:06 PM IST
http://blogs.timesofindia.indiatimes.com/for-the-people/entry/why-indian-laws-need-to-treat-corruption-as-sedition
Binayak Sen has been charged with sedition. Sedition carries a punishment of life imprisonment. Section 124A of IPC defines “sedition” as
124A. Sedition – 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, to which fine may be added, or with fine.
Explanation 1 – The expression “disaffection” includes disloyalty and all feelings of enmity.
Explanation 2 – Comments expressing disapprobation of the measures of the government with a view to obtain their alterations by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3 – Comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Therefore, sedition is defined as an act which causes contempt or hatred or disaffection against the “government” and not against the “country” or the “constitution”.
Most of us who regularly use RTI, expose corruption and criticize governments could be easily prosecuted under the above section. Everyday, opposition parties incite hatred against the government in power. Therefore, all opposition leaders could be held guilty of “sedition”. If strictly implemented, this section could muzzle dissent and democracy.
Interestingly, such grave offences, which have the potential of destabilizing Indian economy, are not treated as “sedition”. For instance, A Raja caused a loss of Rs 1.76 lakh crores to India. This is almost 30% of annual Gross Tax Receipts of Government of India. Therefore, he almost threatened the economic sovereignty of India. Interestingly, that is not sedition. That is “corruption”, which invites the same punishment as would be awarded to a food inspector who takes Rs 1000 bribe to make a ration card.
IPC was written in 1861 by the British. Their aim was to economically plunder India. Anyone who resisted in those efforts was a traitor and his activities were declared as “sedition”. Unfortunately, after independence, we continued with the same system. Under our present legal system, economic plundering of Indian revenues and Indian resources is a petty offence called “corruption”. But anyone who resists that or has “disaffection” towards such practices is guilty of “sedition”.
Section 120B of IPC is another section under which Binayak Sen has been convicted. Section 120B talks of criminal conspiracy. If anyone conspires in a crime, he is liable for the same punishment as is the person committing the original crime.
Nira Radia tapes show how many journalists, many businessmen and many politicians conspired to threaten economic stability of India; how they threatened the constitution of India by putting the cabinet berths of Indian government on sale? But the British laws under which we work do not treat this as sedition.
In the least, all these people are guilty of criminal conspiracy under section 120B read with Prevention of Corruption Act.
Dr Manmohan Singh, the Prime Minister of India, fully knew that Raja was looting the nation. It was the constitutional duty of Dr Singh to stop that. Rather he turned a blind eye. Subsequently, the Prime Minister even tried to protect Raja’s misdeeds in various ways. He sat on the request of Dr Subramaniam Swamy for more than eleven months seeking permission to prosecute Raja. Then, the CBI directly working under the Prime Minister did not do any investigation in that case for almost a year after registering FIR despite strong displeasure expressed by Supreme Court on several occasions. CBI got into action only when the Court decided to monitor CBI’s investigations. Isn’t this sedition? However, the British laws under which independent India functions, do not treat such serious charges as sedition.
In the least, Dr Singh is guilty of criminal conspiracy under section 120B read with Prevention of Corruption Act.
Unfortunately, the role of none of the above players would even be honestly investigated because CBI, which is the agency responsible for investigating and prosecuting them, works directly under the command of the accused. Even if they were tried and convicted, they would be guilty of “corruption”, which carries a punishment of six months to a maximum of seven years.
Media has been replete with stories on how Dr Raman Singh, Mr Naveen Patnaik and Mr Yeddyurappa have been selling the minerals of this country at throwaway prices. They are giving licenses for mining, not because these minerals are needed for India, but for exporting most of these minerals. The state gets a royalty of Rs 27 per ton of iron ore mined, cost of mining is roughly Rs 300 per ton and the mining company sells it in international market at Rs 6000 per ton. The economics of the mining of almost all minerals is as absurd. Not just that, mining companies, with full knowledge of government agencies, mine much more illegally than they are permitted. Illegal mining is so rampant that it is feared that some of the mines would be empty within the next few years.
Royalty rates are fixed by central government. Licenses and permissions are given together by both central and state governments. Aren’t all these honorable Chief Ministers, who are openly plundering the national resources, in collusion with various ministries of Central Government, guilty of sedition? The party antagonism vanishes when it comes to plundering the nation. Complete bonhomie is seen between BJP in states and congress at the centre. They are doing precisely what their British predecessors did. Loot this country and take the wealth out of the country. Since we work under the same British laws, their loot is not a serious crime but anyone who dares to “hate” their activities or resist them and incite “contempt” or “disaffection” against such open loot of the country is a crime.
Our laws do not even recognize these crimes, which have the potential to destabilize India, as serious enough to be termed “sedition”.
Sedition, under the present law, is to cause “disaffection” against such corrupt and unjust governments. How can one call himself an Indian and still have “affection” for such practices? We fought against British not because of the color of their skin but also because of the exploitative character of their government. Unfortunately, the character of the present governments has become far more exploitative.
One may have strong “disaffection” for government of India, its policies and its systems. But one may love India. One may love Indians. But under section 124A of IPC, one would be guilty of sedition.
Daljit Singh says:
January 05,2011 at 06:12 AM IST
Congress says India gained freedom when Jawaharlal Nehru, made the famous midnight speech in the Parliament.He was right so far as the politicians are concerned but the Aam Aadmi remained tied to the IPC. Journalists
Agree (6)
Disagree (0)
Recommend (4)
Offensive
Madan Mohan Gupta says:
January 04,2011 at 02:14 PM IST
Nicely said, Further it is our primeminister who says against court verdict of giving food grains to poor at free of cost that it is not possible. Food cannot be given free of cost but our natural resources, minerals and water can be given free of cost to multinationals naturally under foregin / world bank presure and / or bribe. If our govt really represent the masses??
Agree (5)
Disagree (0)
Recommend (2)
Offensive
Sachetak says:
January 04,2011 at 03:26 PM IST
I would suggest, not only 'corruption',but 'hoarding', 'ADULTERATI0N' - particularly in medicines/drugs, milk and food items should be treated as OFFENCE PARALLEL TO SEDITION. All persons engaged in these activities should be put to face either the 'FIRING SQUAD' or given the choice to be used as 'guinea pigs' for experimentation of life- saving drugs. This alone can control the rot.
Agree (4)
Disagree (0)
Recommend (2)
Offensive
abha says:
January 04,2011 at 01:35 PM IST
Very true and eye opener...Definitely corruption need to be treated as sedition..and not less than that...
Agree (4)
Disagree (0)
Recommend (2)
Offensive
M.s. Venkatraghavan says:
January 03,2011 at 08:37 PM IST
Dear Sri.Kejriwal, Our FOUR pillars of democracy is 1.Politicians,2.Executives,3.Judiciary,4.Media- (Print/Audio/Visual). Our present experience shows the following are apt description of them and of course with EXCEPTIONS***. 1.Politics is the last refuge of scoundrels is said in the WEST but in India the word LAST should be replaced by ONLY.*** 2. Executives are equally corrupt and amassed wealth and if you ask them to put the head down they will kneel down to their benefit and guide Politicians to amass wealth.*** 3.Judiciary is doing their job admirably inspite of pressure as in the recent one faced by Justice Reghupathi. 4.With reference to the media the Editors are highly paid compositors who are not knowing what are the news appearing in their medium. Some of them use their scoops to blackmail is really sad.They will dish out anything for the sake of money. And finally,Citizens do not vote and discharge their duty towards the nation with the result crooks reap all the benefit that otherwise reached the needy. It is essential to make the citizens of this nation to keep their eyes and ears open to all that are happening in this Nation.What you can do with those who are highly qualified and do not care when corrution is taking place or anti-national activities are taking place. What is the value of their education? Hence people at the top should set an example in leading the Nation so that the growth for the past 60 and odd years are inclusive. Are you going charge everybody with sedition, Sir?.
Agree (5)
Disagree (0)
Recommend (2)
Offensive
Avinash says:
January 04,2011 at 10:57 AM IST
This is a absolutely marvelous arcticle written on the current situation of our country. Do we have any fourum online where we can vote against the corruption to make the laws more strict and implementable, CBI should be made as an independant body directly reporting to no one but the Supreme court, then only all the investigations will be carried out without any bais.
Agree (5)
Disagree (0)
Recommend (1)
Offensive
Rahul Gandhi says:
January 17,2011 at 07:13 PM IST
Aritra, kitne bewaqoof mare jab tum paida huay the? Likes of you should be resting in Agra Mental Hospital.
Agree (1)
Disagree (1)
Recommend (1)
Offensive
Subhash says:
January 04,2011 at 02:12 AM IST
This Article written by Mr. Arvind Kejriwal is very good and quite proper. All people, young and old of India and Indians abroad should read this and send comments. I think the majority of the people will agree with Mr. Kejriwal Jay Hind!!
Agree (4)
Disagree (0)
Recommend (1)
Offensive
Akshat Gupta says:
January 06,2011 at 02:50 PM IST
For the claenup of all these scams and the other problems, first we need to have some major changes in our system. 1. We need to to set the police department out of the reach of politicians and govt. Just like JAPAN, the rule and regulations are under the Govt rights but the crime and other offenses are out of the reach. 2. We have one of the best systems of world but its best in papers only!!! coz when it works its nt allowed to do that independentaly. The charges agianst the politicians must be given the top priorities and then must be sloved instend of postpons!! This way all those who find politics particularly corruption as a perverse incetive will not have this tendency.
Agree (3)
Disagree (0)
Recommend (1)
Offensive
Kumar says:
January 04,2011 at 03:09 PM IST
Hi Arvind Just wanted to say Hello. This is the reason I left India. I met you In Delhi long time back when you were a Income Tax Commissioner. I sincerely hope that these traitors of the country could be punished one way or the other so that India can attain the heights whihc it deserve. Regards Kumar
Agree (3)
Disagree (0)
Recommend (1)
Offensive
Lal Narang says:
January 03,2011 at 07:24 PM IST
GOOD SUGGESTION...VERY GOOD...BUT IF IT SO HAPPENS THEN MORE THAN 2/3RD OF THE GOVERNMENT WILL DISAPPEAR. AND THEN HOW THE COUNTRY WILL BE RULED? ....AND 2/3RD ESTIMATION IS AT LOWER END OF THE SPECTRUM. W HAVE MANY GRAND AND NOBLE IDEAS BUT THEN THEY ARE GRANDER AND NOBLER...AS SUCH, SUCH SUGGESTIONS WILL NEVER SEE THE DAWN ....
Agree (2)
Disagree (0)
Recommend (1)
Offensive
Devang says:
January 03,2011 at 05:47 PM IST
Good One. Very True
http://blogs.timesofindia.indiatimes.com/for-the-people/entry/why-indian-laws-need-to-treat-corruption-as-sedition
Binayak Sen has been charged with sedition. Sedition carries a punishment of life imprisonment. Section 124A of IPC defines “sedition” as
124A. Sedition – 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, to which fine may be added, or with fine.
Explanation 1 – The expression “disaffection” includes disloyalty and all feelings of enmity.
Explanation 2 – Comments expressing disapprobation of the measures of the government with a view to obtain their alterations by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3 – Comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Therefore, sedition is defined as an act which causes contempt or hatred or disaffection against the “government” and not against the “country” or the “constitution”.
Most of us who regularly use RTI, expose corruption and criticize governments could be easily prosecuted under the above section. Everyday, opposition parties incite hatred against the government in power. Therefore, all opposition leaders could be held guilty of “sedition”. If strictly implemented, this section could muzzle dissent and democracy.
Interestingly, such grave offences, which have the potential of destabilizing Indian economy, are not treated as “sedition”. For instance, A Raja caused a loss of Rs 1.76 lakh crores to India. This is almost 30% of annual Gross Tax Receipts of Government of India. Therefore, he almost threatened the economic sovereignty of India. Interestingly, that is not sedition. That is “corruption”, which invites the same punishment as would be awarded to a food inspector who takes Rs 1000 bribe to make a ration card.
IPC was written in 1861 by the British. Their aim was to economically plunder India. Anyone who resisted in those efforts was a traitor and his activities were declared as “sedition”. Unfortunately, after independence, we continued with the same system. Under our present legal system, economic plundering of Indian revenues and Indian resources is a petty offence called “corruption”. But anyone who resists that or has “disaffection” towards such practices is guilty of “sedition”.
Section 120B of IPC is another section under which Binayak Sen has been convicted. Section 120B talks of criminal conspiracy. If anyone conspires in a crime, he is liable for the same punishment as is the person committing the original crime.
Nira Radia tapes show how many journalists, many businessmen and many politicians conspired to threaten economic stability of India; how they threatened the constitution of India by putting the cabinet berths of Indian government on sale? But the British laws under which we work do not treat this as sedition.
In the least, all these people are guilty of criminal conspiracy under section 120B read with Prevention of Corruption Act.
Dr Manmohan Singh, the Prime Minister of India, fully knew that Raja was looting the nation. It was the constitutional duty of Dr Singh to stop that. Rather he turned a blind eye. Subsequently, the Prime Minister even tried to protect Raja’s misdeeds in various ways. He sat on the request of Dr Subramaniam Swamy for more than eleven months seeking permission to prosecute Raja. Then, the CBI directly working under the Prime Minister did not do any investigation in that case for almost a year after registering FIR despite strong displeasure expressed by Supreme Court on several occasions. CBI got into action only when the Court decided to monitor CBI’s investigations. Isn’t this sedition? However, the British laws under which independent India functions, do not treat such serious charges as sedition.
In the least, Dr Singh is guilty of criminal conspiracy under section 120B read with Prevention of Corruption Act.
Unfortunately, the role of none of the above players would even be honestly investigated because CBI, which is the agency responsible for investigating and prosecuting them, works directly under the command of the accused. Even if they were tried and convicted, they would be guilty of “corruption”, which carries a punishment of six months to a maximum of seven years.
Media has been replete with stories on how Dr Raman Singh, Mr Naveen Patnaik and Mr Yeddyurappa have been selling the minerals of this country at throwaway prices. They are giving licenses for mining, not because these minerals are needed for India, but for exporting most of these minerals. The state gets a royalty of Rs 27 per ton of iron ore mined, cost of mining is roughly Rs 300 per ton and the mining company sells it in international market at Rs 6000 per ton. The economics of the mining of almost all minerals is as absurd. Not just that, mining companies, with full knowledge of government agencies, mine much more illegally than they are permitted. Illegal mining is so rampant that it is feared that some of the mines would be empty within the next few years.
Royalty rates are fixed by central government. Licenses and permissions are given together by both central and state governments. Aren’t all these honorable Chief Ministers, who are openly plundering the national resources, in collusion with various ministries of Central Government, guilty of sedition? The party antagonism vanishes when it comes to plundering the nation. Complete bonhomie is seen between BJP in states and congress at the centre. They are doing precisely what their British predecessors did. Loot this country and take the wealth out of the country. Since we work under the same British laws, their loot is not a serious crime but anyone who dares to “hate” their activities or resist them and incite “contempt” or “disaffection” against such open loot of the country is a crime.
Our laws do not even recognize these crimes, which have the potential to destabilize India, as serious enough to be termed “sedition”.
Sedition, under the present law, is to cause “disaffection” against such corrupt and unjust governments. How can one call himself an Indian and still have “affection” for such practices? We fought against British not because of the color of their skin but also because of the exploitative character of their government. Unfortunately, the character of the present governments has become far more exploitative.
One may have strong “disaffection” for government of India, its policies and its systems. But one may love India. One may love Indians. But under section 124A of IPC, one would be guilty of sedition.
Daljit Singh says:
January 05,2011 at 06:12 AM IST
Congress says India gained freedom when Jawaharlal Nehru, made the famous midnight speech in the Parliament.He was right so far as the politicians are concerned but the Aam Aadmi remained tied to the IPC. Journalists
Agree (6)
Disagree (0)
Recommend (4)
Offensive
Madan Mohan Gupta says:
January 04,2011 at 02:14 PM IST
Nicely said, Further it is our primeminister who says against court verdict of giving food grains to poor at free of cost that it is not possible. Food cannot be given free of cost but our natural resources, minerals and water can be given free of cost to multinationals naturally under foregin / world bank presure and / or bribe. If our govt really represent the masses??
Agree (5)
Disagree (0)
Recommend (2)
Offensive
Sachetak says:
January 04,2011 at 03:26 PM IST
I would suggest, not only 'corruption',but 'hoarding', 'ADULTERATI0N' - particularly in medicines/drugs, milk and food items should be treated as OFFENCE PARALLEL TO SEDITION. All persons engaged in these activities should be put to face either the 'FIRING SQUAD' or given the choice to be used as 'guinea pigs' for experimentation of life- saving drugs. This alone can control the rot.
Agree (4)
Disagree (0)
Recommend (2)
Offensive
abha says:
January 04,2011 at 01:35 PM IST
Very true and eye opener...Definitely corruption need to be treated as sedition..and not less than that...
Agree (4)
Disagree (0)
Recommend (2)
Offensive
M.s. Venkatraghavan says:
January 03,2011 at 08:37 PM IST
Dear Sri.Kejriwal, Our FOUR pillars of democracy is 1.Politicians,2.Executives,3.Judiciary,4.Media- (Print/Audio/Visual). Our present experience shows the following are apt description of them and of course with EXCEPTIONS***. 1.Politics is the last refuge of scoundrels is said in the WEST but in India the word LAST should be replaced by ONLY.*** 2. Executives are equally corrupt and amassed wealth and if you ask them to put the head down they will kneel down to their benefit and guide Politicians to amass wealth.*** 3.Judiciary is doing their job admirably inspite of pressure as in the recent one faced by Justice Reghupathi. 4.With reference to the media the Editors are highly paid compositors who are not knowing what are the news appearing in their medium. Some of them use their scoops to blackmail is really sad.They will dish out anything for the sake of money. And finally,Citizens do not vote and discharge their duty towards the nation with the result crooks reap all the benefit that otherwise reached the needy. It is essential to make the citizens of this nation to keep their eyes and ears open to all that are happening in this Nation.What you can do with those who are highly qualified and do not care when corrution is taking place or anti-national activities are taking place. What is the value of their education? Hence people at the top should set an example in leading the Nation so that the growth for the past 60 and odd years are inclusive. Are you going charge everybody with sedition, Sir?.
Agree (5)
Disagree (0)
Recommend (2)
Offensive
Avinash says:
January 04,2011 at 10:57 AM IST
This is a absolutely marvelous arcticle written on the current situation of our country. Do we have any fourum online where we can vote against the corruption to make the laws more strict and implementable, CBI should be made as an independant body directly reporting to no one but the Supreme court, then only all the investigations will be carried out without any bais.
Agree (5)
Disagree (0)
Recommend (1)
Offensive
Rahul Gandhi says:
January 17,2011 at 07:13 PM IST
Aritra, kitne bewaqoof mare jab tum paida huay the? Likes of you should be resting in Agra Mental Hospital.
Agree (1)
Disagree (1)
Recommend (1)
Offensive
Subhash says:
January 04,2011 at 02:12 AM IST
This Article written by Mr. Arvind Kejriwal is very good and quite proper. All people, young and old of India and Indians abroad should read this and send comments. I think the majority of the people will agree with Mr. Kejriwal Jay Hind!!
Agree (4)
Disagree (0)
Recommend (1)
Offensive
Akshat Gupta says:
January 06,2011 at 02:50 PM IST
For the claenup of all these scams and the other problems, first we need to have some major changes in our system. 1. We need to to set the police department out of the reach of politicians and govt. Just like JAPAN, the rule and regulations are under the Govt rights but the crime and other offenses are out of the reach. 2. We have one of the best systems of world but its best in papers only!!! coz when it works its nt allowed to do that independentaly. The charges agianst the politicians must be given the top priorities and then must be sloved instend of postpons!! This way all those who find politics particularly corruption as a perverse incetive will not have this tendency.
Agree (3)
Disagree (0)
Recommend (1)
Offensive
Kumar says:
January 04,2011 at 03:09 PM IST
Hi Arvind Just wanted to say Hello. This is the reason I left India. I met you In Delhi long time back when you were a Income Tax Commissioner. I sincerely hope that these traitors of the country could be punished one way or the other so that India can attain the heights whihc it deserve. Regards Kumar
Agree (3)
Disagree (0)
Recommend (1)
Offensive
Lal Narang says:
January 03,2011 at 07:24 PM IST
GOOD SUGGESTION...VERY GOOD...BUT IF IT SO HAPPENS THEN MORE THAN 2/3RD OF THE GOVERNMENT WILL DISAPPEAR. AND THEN HOW THE COUNTRY WILL BE RULED? ....AND 2/3RD ESTIMATION IS AT LOWER END OF THE SPECTRUM. W HAVE MANY GRAND AND NOBLE IDEAS BUT THEN THEY ARE GRANDER AND NOBLER...AS SUCH, SUCH SUGGESTIONS WILL NEVER SEE THE DAWN ....
Agree (2)
Disagree (0)
Recommend (1)
Offensive
Devang says:
January 03,2011 at 05:47 PM IST
Good One. Very True
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