Posted on 10-09-2012
Filed Under (Current Affairs) by Rashtrakut

This weekend I posted about the travails of Aseem Trivedi, who is being accused of sedition for mocking venal India politicians who deserve to be mocked.  Trivedi’s alleged offense is mocking national symbols, the constitution etc.  However, a blog article I noticed right now made a very important point.  It notes that all Trivedi did was mock India’s Parliament in cartoon form.  India’s politicians have degraded the entity they shed crocodile tears far more grievously and far more frequently.

The complaint that landed Trivedi in jail was a private complaint.  What’s good for the goose is good for the gander.  So dear Indians, start filing these complaints against these political thugs.  Harass the hooligans who turn Parliament and the legislatures into physical battlegrounds by hauling them in court for sedition, like they did to Aseem Trivedi.  If the police officers refuse to register your complaints, file sedition charges against them too.  But above all act within the strict letter of the law.  Turn these draconian laws on their head.

A few months ago when a hockey stick wielding uniformed apparatchik was harassing Mumbai’s night life I had joked to a friend who was particularly worked up that they should use Section 3 of the Prevention of insults to National Honour Act, 1971 to their advantage.

3.     PREVENTION OF SINGING OF NATIONAL ANTHEM
whoever intentionally prevents the singing of the Indian National Anthem or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extended to three years, or with fine, or with both.

When the apparatchik interfered with them, make sure to file the proper police complaint under strict letter of the law.  Make sure the judges are aware of the minimum punishments in Section 3A.

3A.        MINIMUM PENALTY ON SECOND OR SUBSEQUENT OFFENCE
Whoever having already been convicted of an offence under section 2 or section 3 is again convicted of any such offence shall be punishable for the second and for every subsequent  offence, with imprisonment for a term, which shall not be less than one year.

A Google search as I was typing this article discovered that this draconian act was already being used for civil disobedience.  Sadly in that case the high court is shielding the bureaucrat whose reaction to the protest was to basically abuse criminal law.

India’s political and police systems are ridiculously out of control.  In the aftermath of partition and secessionist movements in different parts of the country, India’s politicians realized the utility of Colonial era police laws that remain on the books.  But many of these laws are antiquated and grant a private citizen the right to initiate complaints.  Perhaps it is time for Indians to use them against their tormentors, and bury them with paperwork in strict accordance with the letter of their ridiculous laws.

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