Sedition act
I'm an editor of an webzine. Our webzine publishes articles on various social issues which includes political pieaces too. I need legal opinion on the sedition act to maintain the actual limit of government criticism. I want to avoid any type of charge of sedition as I have no financial power to fight against. Please help me suggesting which limit we should maintain or should we publish political write ups?
Shreyash Mohta
Responded 3 years ago
A.Sir/Mam
Media is the 4th pillar of Indian democracy having equal rights and privileges.
Your concern is absolutely justified. Sedition charges are put up for reasons which do not even amount to sedition.
Criticizing the government is absolutely fine. Criticizing their policies and rules, voicing out your own opinion. However, it should be kept in mind that such criticism does not get to a level of personal attacks which may harm the reputation or spoil the position of a person. Also it should be kept in mind that no such statements be used which in any manner can be used against the unity and integrity of the nation. no such words or sentences should be used which can break down the integrity of the nation or which may cause unrest and lead to internal conflicts. Apart from that all of us have the fundamental right of free speech and expression which we can use with certain guided limitations mentioned above. No religious sentiments should be hurt etc.
Thanks.
Media is the 4th pillar of Indian democracy having equal rights and privileges.
Your concern is absolutely justified. Sedition charges are put up for reasons which do not even amount to sedition.
Criticizing the government is absolutely fine. Criticizing their policies and rules, voicing out your own opinion. However, it should be kept in mind that such criticism does not get to a level of personal attacks which may harm the reputation or spoil the position of a person. Also it should be kept in mind that no such statements be used which in any manner can be used against the unity and integrity of the nation. no such words or sentences should be used which can break down the integrity of the nation or which may cause unrest and lead to internal conflicts. Apart from that all of us have the fundamental right of free speech and expression which we can use with certain guided limitations mentioned above. No religious sentiments should be hurt etc.
Thanks.
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Anonymous
Replied 3 years ago
Fhank you for your advice. Will keep it in mind in future.
A.Dear Sir,
You must always desist reporting which directly or indirectly hurts the feelings of either politicians or Government officials. If this principle is kept in mind you can handle your job without any comment by any person.
For full procedure contact me on mobile through Vidhikarya.
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You must always desist reporting which directly or indirectly hurts the feelings of either politicians or Government officials. If this principle is kept in mind you can handle your job without any comment by any person.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Shanti Ranjan Behera
Responded 3 years ago
A.Dear Sir,
The general meaning of is incitement of discontent or rebellion against a government.
and any action, especially in speech or writing, promoting such discontent or rebellion.
and also Archaic rebellious disorder.
In 2010, writer Arundhati Roy was sought to be charged with sedition for her comments on Kashmir and Maoists. Two individuals have been charged with sedition since 2007. Binayak Sen, an Indian paediatrician, public health specialist, and activist was found guilty of sedition.He is national Vice-President of the People's Union for Civil Liberties (PUCL). On 24 December 2010, the Additional Sessions and District Court Judge B.P Varma Raipur found Binayak Sen, Naxal ideologue Narayan Sanyal (politician) and Kolkata businessman Piyush Guha, guilty of sedition for helping the Maoists in their fight against the state. They were sentenced to life imprisonment, but he got bail in Supreme Court on 16 April 2011.
On 10 September 2012, Aseem Trivedi, a political cartoonist, was sent to judicial custody till 24 September 2012 on charges of sedition over a series of cartoons against corruption. Trivedi was accused of uploading "ugly and obscene" content to his website, also accused of insulting the Constitution during an anti-corruption protest in Mumbai in 2011. Trivedi's arrest under sedition has been heavily criticised in India. The Press Council of India (PCI) termed it a "stupid" move.
In February 2016, JNU student union president Kanhaiya Kumar was arrested on charges of Sedition under section 124-A of Indian Penal Code (which was part of the sedition laws implemented by the British Rule). His arrest raised political turmoil in the country with academicians and activists marching and protesting against this move by the government. He was released on interim bail on 2 March 2016 for a lack of conclusive evidence.
On 17 August 2016, Amnesty International India was booked in a case of "sedition" and "promoting enmity" by Bengaluru police. A complaint was filed by ABVP, an all India student organisation affiliated to Hindu Nationalists RSS.
In September 2018, Divya Spandana, the Congress Social Media chief was booked for sedition for calling Narendra Modi, the prime minister of India, a thief. On 13 January 2019, The Delhi Police filed a chargesheet on Monday against former Jawaharlal Nehru University Students' Union (JNUSU) president Kanhaiya Kumar and others in a sedition case lodge in 2016.
On 10 January 2019, a sedition case was registered suo-motto against Noted Cambridge Scholar and Assamese Intellectual Dr Hiren Gohain and 2 others for their remarks against the Citizenship (Amendment) Bill. Dr. Gohain (80) called the move “a desperate attempt by a cornered government.”
Get a good Advocate in your Team or buy some good books on Media Law that will solve your problem to some extent and at the same time be careful about writing of others with careful editing.
Shanti Ranjan Behera
Advocate
The general meaning of is incitement of discontent or rebellion against a government.
and any action, especially in speech or writing, promoting such discontent or rebellion.
and also Archaic rebellious disorder.
In 2010, writer Arundhati Roy was sought to be charged with sedition for her comments on Kashmir and Maoists. Two individuals have been charged with sedition since 2007. Binayak Sen, an Indian paediatrician, public health specialist, and activist was found guilty of sedition.He is national Vice-President of the People's Union for Civil Liberties (PUCL). On 24 December 2010, the Additional Sessions and District Court Judge B.P Varma Raipur found Binayak Sen, Naxal ideologue Narayan Sanyal (politician) and Kolkata businessman Piyush Guha, guilty of sedition for helping the Maoists in their fight against the state. They were sentenced to life imprisonment, but he got bail in Supreme Court on 16 April 2011.
On 10 September 2012, Aseem Trivedi, a political cartoonist, was sent to judicial custody till 24 September 2012 on charges of sedition over a series of cartoons against corruption. Trivedi was accused of uploading "ugly and obscene" content to his website, also accused of insulting the Constitution during an anti-corruption protest in Mumbai in 2011. Trivedi's arrest under sedition has been heavily criticised in India. The Press Council of India (PCI) termed it a "stupid" move.
In February 2016, JNU student union president Kanhaiya Kumar was arrested on charges of Sedition under section 124-A of Indian Penal Code (which was part of the sedition laws implemented by the British Rule). His arrest raised political turmoil in the country with academicians and activists marching and protesting against this move by the government. He was released on interim bail on 2 March 2016 for a lack of conclusive evidence.
On 17 August 2016, Amnesty International India was booked in a case of "sedition" and "promoting enmity" by Bengaluru police. A complaint was filed by ABVP, an all India student organisation affiliated to Hindu Nationalists RSS.
In September 2018, Divya Spandana, the Congress Social Media chief was booked for sedition for calling Narendra Modi, the prime minister of India, a thief. On 13 January 2019, The Delhi Police filed a chargesheet on Monday against former Jawaharlal Nehru University Students' Union (JNUSU) president Kanhaiya Kumar and others in a sedition case lodge in 2016.
On 10 January 2019, a sedition case was registered suo-motto against Noted Cambridge Scholar and Assamese Intellectual Dr Hiren Gohain and 2 others for their remarks against the Citizenship (Amendment) Bill. Dr. Gohain (80) called the move “a desperate attempt by a cornered government.”
Get a good Advocate in your Team or buy some good books on Media Law that will solve your problem to some extent and at the same time be careful about writing of others with careful editing.
Shanti Ranjan Behera
Advocate
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Anonymous
Replied 3 years ago
Thank you so much sir for your detailed discussion on my case.
Rameshwar Dadhe
Responded 3 years ago
A.U should take legal opinion before publishing any article or may be
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Anonymous
Replied 3 years ago
Thanks for your kind information.
Rameshwar Dadhe
Replied 3 years ago
Welcome sir
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