What is the issue?
What is the charge against him?
The sedition charge is based on his pro-LTTE speech that he had made a decade ago.
Mr. Vaiko had unleashed a verbal attack against the Union government by accusing it of betraying the Sri Lankan Tamil cause.
He held it responsible for the death of Tamil civilians there.
However, whether his harshly worded indictment amounts to incitement of violence against the government is debatable.
The trial court sentenced Mr.Vaiko to one-year jail term.
What is the court verdict?
The court has held that anyone who heard Mr. Vaiko’s speech would develop hatred towards the government.
It also said that “mere advocacy” is the essence of the crime, and there need not be actual violence as a consequence.
But, the higher courts will have the final say on whether he was guilty.
What are the matters of concern?
The political speeches being criminalised to the point of being deemed an offence against the state is the concern.
Further, the timing of a political leader being found guilty of sedition is quite inopportune.
This conviction will send out a misleading message that such provisions are necessary to protect the government.
What is the problem with Section 124A?
Its definition of sedition is too wide.
In 1962, the Supreme Court limited its scope to acts that show actual intent or a tendency to create disorder or foment violence.
There is an opinion that it is neither relevant nor needed today.
Law Commission’s consultation paper - Highlights arguments for its reconsideration.
There is a body of opinion that a modern democracy does not need a free speech restriction based on political concepts towards the state.
Britain, which introduced the offence of sedition in India in 1870 has abolished it.
Source: The Hindu
