Student Protests

No, the slogans of the JNU students don't count as sedition under the law

Speech can be criminalised only in situations where it is being used to incite crowds to violent action.

News reports are indicating that an FIR has been registered with respect to a public meeting organised on New Delhi’s Jawaharlal Nehru University campus on the evening of February 9. These reports claim that the meeting was about the hanging of Afzal Guru, and it is alleged that during its course, some people raised incendiary slogans. According to reports, the FIR has been registered under Section 124A of the Indian Penal Code (sedition), and the police have already arrested one person.

It is important to note that under the Indian law of sedition, the events at the public meeting, even if completely true, do not even come close to establishing an offence. In Kedar Nath Singh’s case, five judges of the Supreme Court – a Constitution bench – made it clear that allegedly seditious speech and expression may be punished only if the speech is an “incitement” to “violence”, or “public disorder”. Subsequent cases have further clarified the meaning of this phrase. In Indra Das v State of Assamand Arup Bhuyan v State of Assam, the Supreme Court unambiguously stated that only speech that amounts to “incitement to imminent lawless action” can be criminalised. In Shreya Singhal v Union of India, the famous 66A judgment, the Supreme Court drew a clear distinction between “advocacy” and “incitement”, stating that only the latter could be punished.

Therefore, advocating revolution, or advocating even violent overthrow of the state, does not amount to sedition, unless there is incitement to violence, and more importantly, the incitement is to “imminent” violence. For instance, in Balwant Singh v State of Punjab, the Supreme Court overturned the convictions for sedition, (124A, IPC) and “promoting enmity between different groups on grounds of religion, race etc.”, (153A, IPC), and acquitted persons who had shouted, “Khalistan zindabaad, Raj Karega Khalsa,” and, “Hinduan Nun Punjab Chon Kadh Ke Chhadange, Hun Mauka Aya Hai Raj Kayam Karan Da”, late evening on October 31, 1984, i.e. a few hours after Indira Gandhi’s assassination – outside a cinema in a market frequented by Hindus and Sikhs in Chandigarh.

Thus, words and speech can be criminalised and punished only in situations where it is being used to incite mobs or crowds to violent action. Mere words and phrases by themselves, no matter how distasteful, do not amount to a criminal offence unless this condition is met.

This article first appeared on Kafila.

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Eleven ways Indian college life teaches you not to waste anything

College, they say, prepares you for life. Sometimes in the most unexpected ways.

Our quintessentially Indian ability to make the most of every resource has weathered us through many a storm in life. But this talent, as it were, is developed and honed to a fine art only in college. Frugality is a prominent feature of college life—more by circumstances than by choice and perhaps the most important skill we learn is nearly 100% efficiency when it comes to making the most of resources or opportunities. This “no wastage” policy is learned through many ways in college.

Academics
When it comes to studying, the art of “no wastage” is refined in college.

1. Exam papers. We’ve all been there before: you’re in the flow and trying to pen answers quickly in your answer sheet but you’re running out of space. What do you do? Fill up your existing one, of course. Write in tiny handwriting and occupy every bit of space without wasting the margin either. A great example of how college teaches you to waste nothing.

2. Photocopier bulk deals. In college, after you convince a kind-hearted classmate to let you copy their notes, you negotiate a bulk rate discount with the photocopier uncle and share the wealth with your classmates. It saves you time, money and the collective shame of failing together.

3. Stationery. Pencils are worn till they reach a stub. Broken rulers are used as long as you can still draw a straight line on them. Pens are borrowed and reused until their ink is sucked dry. Stationary is rarely wasted in the life of a college goer.

Food
Food occupies a special part of a college goer’s life and there is only one rule when it comes to food: don’t waste any.

4. Thalis. College kids are always hungry, and there are few options that provide better value for money than thalis. Thalis come in all sorts—the Gujarati kind on copper plates, the south Indian variety on palm leaves, or even the Punjabi “mini thali” found in restaurants all over the country. No matter what form they take, no food goes waste.

5. Shaadis. Speaking of food, you never say no to a wedding invitation when you’re in college. An invitation missed is a buffet meal wasted. The only price is to put on a half-decent looking dress or a pant and shirt that have been pressed. Then enter the hall, say your hi-hellos, and onto the food. No opportunity to attend shaadis is wasted during college, and rightly so.

6. 50p toffees. Those were heady times when things had the decency to cost nine rupees fifty paise instead of a full ten. The remaining 50 paise left over as change would not go waste either, and would return more often than not in the form of a chewy toffee or mint.

7. One-by-two coffee. Because coffee shared is friendship enhanced. In college, a full cup of canteen coffee was always cheaper than two half cups, and nearly impossible to finish owing to its milky sweetness. Converting it into a one-by-two courtesy an extra white styrofoam cup ensured that neither the extra coffee went to waste, nor a chance to make a friend happy.

Travel
Space is to be shared, not hogged. Every seat in college be it on the bench or a bike or a rickshaw would be occupied till its last inch.

8. Triple seat scooter rides. College-goers of a certain vintage remember that scooters were made to accommodate more people than cars. One person riding, another in the back, and at least one if not two people sandwiched between them. While this ensures no wastage of space, it’s not to be tried by the faint-hearted.

9. Share autos. The cheapest way to travel, of course. Share autos are a lifeline for college goers. Load up your friends in an auto, share the fare, and end up with more money in your wallet.

10. RAC tickets. Among the great innovations of the Indian Railways is the RAC or Reservation Against Cancellation ticket, which ensures that travelers can travel on the train even if they do not get a full berth to themselves. More often than not, two travelers split a seat. A boon to college students who don’t mind roughing it a little to get to their destination on time.

Freebies
College teaches you many things. The ability to not waste freebies is prominent on the list.

11. Buy one, get one free. The five little words that every college student wants to hear. Be it movie tickets, rock concert tickets, clothes, books or meals, a “one-on-one free” offer would always be utilized even if you didn’t need what the offer was selling. An unwritten if long-standing rule in college.

The fine art of “no wastage” is learned painstaking through college. But it’s good to know that you can enjoy “no wastage” after you’ve left too. Airtel’s MyPlan ensures that customers make the most of their mobile expenditure and waste nothing. Airtel’s MyPlan allows you to pick data, local, SMS, STD and roaming according to your needs. You also have the flexibility of changing your plan whenever you want and can optimize your phone bills to save up to 30%. Not just that, under the plan, you can also share the benefits with their family. For more information, see here.

This article was produced on behalf of Airtel by the Scroll.in marketing team and not by the Scroll.in editorial staff.

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