As a graduate from Christ University, I agree with sentence “they are ideal young kids studying in colleges like Christ College who have an idealistic impression of our law and believe we are America.” “If truth were true, her arrest isn't justified” : - Don't we have judiciary for that. Whether the arrest is justified or not. (Of course whole bunch of political leaders already declared that she's an innocent kid and she haven't done anything wrong although matter is subjudice).
“Let's hope future activists are smarter”:- smarter in terms of what ? Whether to check legal escape routs of their actions or smart enough to first understand the issue against they are protesting?
As per the National Crime Records Bureau, the number of persons acquitted/discharged in cases of offences against the state (these cover sedition, which Disha Ravi is reportedly accused of) was 1,887 in 2016, 3,237 in 2017, 3,490 in 2018, and 3,538 in 2019 versus 14,360, 16,210, 13,160, and 12,140 arrests in these years. The number of convictions in these years were 769, 1,734, 2,269 and 1,739, respectively, while a large number of cases, from these, and earlier years, are still under trial.
Protest is a legitimate part of democracy as the prime minister himself has pointed out on many occasions. Indeed, with the explosion of platforms in which to express such views—in both traditional and social media—as well as new ways in which to garner support and grow protests, governments all over the world have to deal with increasingly vocal citizenries; misinformation and hyperbole are not just common in such situations, they are growing by the day.
Governments will have to find ways to neutralise these campaigns with their own onslaught of news/views across various platforms; the use of investigative authorities has to be done with great care, and the use of blunt tools like arrests under sedition laws is best avoided.
In Indra Das vs State of Assam (2013), the Supreme Court had set the standard for invocation of Sedition (Section 124A of the IPC) in the charge-sheet as 'incitement to imminent lawless action’. Hence, mere occurrence of 'physical action', in my opinion as a non-legal graduate, does not qualify as sedition.
It is widely acknowledged, even if much less frequently referred to, that only a small fringe section among the protesting farmers went on a rampage in Delhi on 26th January. Most of the 41 participating farmers' unions/groups abided by their Agreement with the Delhi Police. So, again in my humble opinion, unless an explicit relation can be proved to exist between the 'toolkit' and the radical elements that indulged in violent protests, the sedition charge stands on shaky ground.
Furthermore, the Supreme Court has also made a distinction between ‘incitement’ and ‘advocacy’ in past cases, most notably in Shreya Singhal vs Union of India.
One Stupid Word - Physical Action was responsible for placing her in this situation.
She sent out a lot of whatsapp messages out of which she urged people to support the farmers protests with the following on 26th January:-
(a) Solidarity Videos - No Issues at all
(b) Digital Strike - No Issues at all
(c) PHYSICAL ACTION - Can be construed as Sedition!!!! The Word Physical Action could be interpreted as Strikes, Riots, Attacks - against the Legitimate Government which can be alleged to be INSURRECTION!!!!
Image copied from Hrithik Taletiya because he has highlighted the dates here.
You can see this image - the word - PHYSICAL ACTIONS.
Those two words - They could justify her arrest especially since she forwarded this to many many many people - it can be interpreted as grounds of Sedition and when Sedition has some prima facie establishment - Age unless you are a minor is no bar.
A 21 Year Old Girl in a Cosmopolitan City - probably never had the slightest experience of the police or law except maybe during passport verification , probably her entire impression of the Justice system is that of John Grisham or NYPD Blue or Suits.
The Problem is Greta lives in an Advanced Country with a Superb Justice System where allegations can be evaluated in minutes. A Judge can establish within hours if the Person was an intentional causator of sedition or a young foolish girl trying to be an activist.
The Problem is Disha lives in a Backward Country with a creaky old overloaded Justice system where the falsest allegations take 3 years to disprove and until then you are practically guilty. A Kid who shouted “Pakistan Zindabad” is now an accused and in the system. Does she not read the News????
We have seen so many youngsters - Bangalore lawyers call them Christ Kids - nothing to do with christianity but they are ideal young kids studying in colleges like Christ College who have an idealistic impression of our law and believe we are America. Meanwhile -Sesha Kids are students from a college called Sesha in a place called Seshapuram who are far more realistic and know very well about Policemen and the actual state of Indian law. So is her Arrest Justified?
I would say yes. Giving her opinion is fine. No issues. Calling for Digital Strike is fine. Calling for twitter comments and hashtags fine. Calling out for 50 Crore donations to the Farmers fine. However Physical Action -no matter what the intent was is a mistake she made and they pounced on it. They now have Just Cause. Sir all these are not “non physical activities”. 90% of any enterprise consists of planning and funding. They are very very physical and real. Stuff you see online aren't magic or out of the world, they are very real.
By this logic, defending terrorists or raising funds for an anti-national anti civil movements and all can just be classified as non physical action, all of them can happen online.
For those fellow activists - Never ever imply anything that could forment any form of physical action against a Legal Government - State or Centre. It is absolutely and totally wrong.
Sadly - in any other country - in 1–2 weeks she would be rapped on the head, sent back with a stern warning.
In India her future for at least 3–4 years is in huge jeopardy.
Seriously!!!! Bangalore must educate its citizens on the Realities of Police and Law.
Thanks for Reading
Picture Source Wikipedia
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