Meerut sedition incident – a case study

A major incident happened in Meerut last week when some students of a private university cheered for the Pakistan cricket team during a closely fought one-day match against India and celebrated Pakistan’s victory. Meerut police booked a group of students from Jammu and Kashmir on a charge of sedition (under Section 124A of the Indian Penal Code) and also other charges - promoting enmity between different groups, under Section 153-A of the IPC and causing mischief (Section 427). The major cause for outrage was the decision to slap the sedition charge. Sedition means “Conduct or language inciting rebellion against the authority of a state”.

Whether the decision was aptly taken by the administration or what else could have been done, both by the police and college, presents a case study for deeper analysis. It could be useful from UPSC interview and mains perspective too.

I have generously used opinions from this forumias thread - http://forumias.com/discussion/3651/what-would-be-your-reaction-as-dmsp-in-meerut-scenario-on-the-eve-of-indo-pak-match  and various news articles from The Hindu.

Typical questions could be –

1).Do you agree with the steps taken by UP police and govt regarding this incident? Justify.
2).what would be your reaction as DM/SP of the particular district when the said incident is brought to your notice?

Answer 1:

Legal aspects - The Supreme Court has made it clear that the charge of sedition cannot be invoked unless there is actual incitement to violence and intention to cause disorder, and that merely using words that indicate disaffection against the government cannot be termed sedition.

The Supreme Court’s ruling has, however, been largely ignored by administrators when it comes to enforcement. Every person whose inconvenient view sparks outrage ends up being charged under this section or Sections 153A and 295A. However, most of these prosecutions are withdrawn or fail when faced with strict legal scrutiny from a superior court.

Binayak Sen’s possession of Naxal literature was the basis of his conviction and life sentence under this section by a Chhattisgarh sessions court. Cartoonist Aseem Trivedi’s innocuous cartoons during the Anna agitation saw the Maharashtra government invoke this section to curb dissent.

First PM Nehru, during introduction of the first amendment to India’s constitution which imposed restrictions on free speech, he said that this section itself be deleted from IPC. He said that this particular Section is highly objectionable and obnoxious and it should have no place both for practical and historical reasons.

By above argument, it seems clear that the steps taken by the university authorities and the police/govt. were excessively severe.

However, it can also be argued that these students were grown adults, they knew what are consequences of their act. For this fiasco they were equally responsible.

Cheering for Pak in a place like UP where there have been more than hundred riots and a major one recently, is a deliberate act of provocation, especially during a time so close to the election.

Answer 2:

If I was the DM or SP, before a criminal complaint was filed, I would have first met the students personally and assigned a fact finding team to ascertain the matter. I would then counsel the university authorities to reprimand the students rather than filing charges as the long term solution is creating a spirit of oneness and equality. Punishing under any law is just a temporary fix.

I would have recommended that all of them undergo counseling to avoid legal action. I would have told them clearly to be careful in the future and remind them that the reason why they've been let off is because of the rights they enjoy as Indian citizens. Do our neighbours extend such understanding towards dissenters? I also would've asked the college to arrange for a PTA meeting.

i would suggest that these Kashmiri students have to be counseled and not booked under any law because force will generate more resistance not love. It will push them towards anti-social and anti-indian elements which leave no stone unturned in instigating young Muslims against their own countrymen.

In the end, a big vote of thanks to all contributors to the opinions, equally the hindu editors as well as ss36, anic21, arindam, uzma and others.