Sedition and national symbols Section 124A of the IPC concerns sedition: Section 124A.— 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 alteration 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. The colonial origins of Indian sedition law, its role in the independence struggles and its chequered history in the post-independence era are all well recorded.34 In the last few decades, there has been strong speech-protecting jurisprudence in the courts when it comes to interpretation of the provisions on sedition: the objective criteria of “incitement”35 to “imminent”36 “violence” are required to be present for any speech to be curtailed. However, in practice, especially on the internet, we see a stark difference between law and implementation where sedition is concerned. Several trends deserve to be highlighted. First, all too often the police book charges of sedition for speech and expression on the internet that very obviously does not meet the criteria under the section. For example, as mentioned earlier, according to news reports a man in Chennai was booked under section 124A for receiving an “anti-national” 34 Dev, A. (2016, 25 February). A History of the Infamous Section 124A. The Caravan. www.caravanmagazine.in/vantage/section124a-sedition-jnu-protests; Liang, L. (2016. 13 February). A Short Summary of the Law of Sedition in India. The Wire. https://www. thewire.in/21472/a-short-summary-of-the-law-of-sedition-in-india 35 Shreya Singhal v. Union of India. AIR 2015 SC 1523. 36 Arup Bhuyan v. State of Assam. (2011) 3 SCC 377. message on WhatsApp.37 The alleged “anti-national” message was a voice note in Urdu, calling for a protest, but was nowhere close to inciting violence, let alone imminently. In Badaun, an individual was arrested for posting the caption “I love Pakistan” along with his picture.38 Even a former judge of the Supreme Court has not been spared: Justice Markandey Katju was booked for sedition under section 124A for saying in a Facebook post that Pakistan can take Kashmir if it agrees to take Bihar too.39 Second, phrases that gain currency on social media and subsequently in wider parlance, but that have no legal standing, become an informal lexicon to justify sedition charges. For example, “anti-national”, which is neither a category defined under the section of sedition nor punishable under any legislative provision, is a term often used to refer to persons ostensibly liable for sedition, and is frequently bandied about in the filing of charges. Thus, in August 2016, a man was arrested and remained in judicial custody for several days for “liking, sharing and forwarding anti-India posts” on Facebook. The first information report (FIR)40 reads: An anti-national post, in which India is represented as a mouse swept away by a broom, has been brought to notice. [It] asks for freedom for Kashmiris and has the flags of Pakistan and China. It is shown that some people have black flags and black bands across their faces and are asking for Kashmir’s freedom.41 Third, there have been cases in which electronic media evidence was manipulated to make a case for sedition. For example, students of Jawaharlal Nehru University (JNU), New Delhi, were arrested for allegedly shouting slogans considered seditious during a protest meeting to mark the anniversary of the death of a separatist leader who was hanged. A 37 Pathak, P. (2017, 20 July). Chennai man arrested for receiving anti-national WhatsApp message. Yes, for receiving it. India Today. www.indiatoday.intoday.in/technology/story/chennai-manarrested-for-receiving-anti-national-whatsapp-message-yes-forreceiving-it/1/1005622.html 38 Press Trust of India. (2017, 8 August). Badaun man booked for sedition for his ‘I support Pakistan’ Facebook post. Times Now. www.timesnownews.com/india/article/badaun-man-booked-forsedition-for-his-i-support-pakistan-facebook-post/70657 39 The Wire. (2016, 28 September). Markandey Katju Faces Sedition Charge for Facebook Post about Bihar. The Wire. https://thewire. in/69547/markandey-katju-faces-sedition-charge-for-facebookpost-about-bihar/ 40 In criminal law, the first information report (FIR) is a report that provides information first in point of time about a crime. https:// www.lawnotes.in/First_Information_Report 41 Ghose, D. (2016, 6 August) Kashmiri held for sedition: Chhattisgarh cops probe who made ‘anti-India’ FB post. Indian Express. www. indianexpress.com/article/india/india-news-india/kashmiri-heldfor-sedition-chhattisgarh-cops-probe-who-made-anti-india-fbpost-2956483 INDIA / 57