Increase jail term in sedition cases to 7 years, recommends Law commission of India

News Network
June 2, 2023

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New Delhi, June 2: The Law Commission of India has recommended enhancing the jail term in sedition cases from a minimum of three years to seven years, contending that it would allow courts greater room to award punishment in accordance with the scale and gravity of the act committed.

In a report on the 'Usage of the Law of Sedition', the Commission said its earlier report had termed the punishment for Section 124A (law of sedition) of the Indian Penal Code (IPC) "very odd" as it has provisions for either life imprisonment or a three-year jail term, but nothing in between.

The minimum punishment under the sedition law is paying fine.

"A comparison of the sentences as provided for offences in Chapter VI of the IPC suggests that there is a glaring disparity in the punishment prescribed for Section 124A," the Commission said.

Chapter VI of the IPC deals with offences against the state.

"It is, therefore, suggested that the provision be revised to bring it in consonance with the scheme of punishment provided for other offences under Chapter VI. This would allow the courts greater room to award punishment for a case of sedition in accordance with the scale and gravity of the act committed," the report said.

The Commission also suggested changes to the phrasing of Section 124A and added words "a tendency to incite violence or cause public disorder".

The current Section 124A of IPC reads as follows: "Sedition-Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in lndia, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine."

However, the law commission has now recommended to alter the Section as: "Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in lndia, with a tendency to incite violence or cause public disorder shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine."

The Commission said the expression 'tendency' would mean mere inclination to incite violence or cause public disorder rather than proof of actual violence or imminent threat to violence.

Law commission chairman Justice Ritu Raj Awasthi (retd) had recently submitted the report to Union Law Minister Arjun Ram Meghwal.

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Agencies
July 15,2024

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The Bharatiya Janata Party will sink like the Titanic if Prime Minister Narendra Modi is left in command, stated firebrand saffron party leader Subramanian Swamy in an X post on Monday.

"If we in BJP want to see our party sink like the Titantic Ship then Modi is the best to command," he said, adding, "By-Election results show BJP is cracking up to sink forever."

Swamy's post comes after the I.N.D.I.A. bloc managed massive gains in the assembly bypolls, whose results were declared on Saturday. The coalition managed to win 10 of the 13 seats, restricting BJP to only two victories. An Independent candidate won the 13th seat.

Among the I.N.D.I.A. bloc, TMC and Congress were the biggest winners, bagging four seats each, while AAP and DMK managed one each. BJP also lost the Badrinath seat in Uttarakhand, in what is seen as a blow by the Congress following the saffron party's loss in Ayodhya in the 2024 Lok Sabha elections.

Congress sought to project a larger political message in the Badrinath victory saying that Hindutva followers were being electorally bashed up in places of significance to Hindu religion.

Swamy has been railing against BJP top leaders like Modi and Home Minister Amit Shah for some time now. When the Modi government declared June 25 as the 'murder of Constitution day', Swamy remarked on X "What was Mody [Modi] or Amit Shah’s contribution to actively opposing the Emergency?", adding, "Credit snitching is a bad disease."

Recently, he also spoke on the consequences Modi's visit to Russia would have on India-US relations.

After the Lok Sabha polls, which saw Modi return to power for a third term, albeit with diminished margins, and only with help from alliance partners Nitish Kumar and JD(U) and Chandrababu Naidu and TDP, Swamy remarked, "The most devastating outcome of the 2024 Lok Sabha Election Results could be that Modi will find his assembled crowds evaporated before he could say 'namaste'."

"The surprise is that he did not realise that in a democracy no one can take the people for granted," he had concluded.

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News Network
July 15,2024

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New Delhi: The BJP's strength in the Rajya Sabha fell by four Saturday after as many nominated members - Rakesh Sinha, Ram Shakal, Sonal Mansingh, and Mahesh Jethmalani - completed their term.

All four were chosen - as non-aligned members - by President Droupadi Murmu on the advice of the ruling party, and formally allied with Prime Minister Narendra Modi's government afterwards.

Their retirement brings the BJP's strength down to 86 and that of the party-led National Democratic Alliance to 101, which is below the current majority mark of 113 in the 245-member House.

The current strength of the Rajya Sabha is 225.

The Congress-led INDIA bloc has 87, of which the Congress has 26, Bengal's ruling Trinamool 13, and the Aam Aadmi Party and the DMK, in power in Delhi and Tamil Nadu, have 10 each.

Parties not aligned with either the BJP or the Congress - such as ex-Telangana Chief Minister K Chandrashekar Rao's BRS - nominated MPs and independents hold the rest.

What Do BJP's Reduced Numbers Mean?

It means the government is now reliant on non-NDA parties - such as ex-ally AIADMK of Tamil Nadu and former Andhra Pradesh Chief Minister Jagan Mohan Reddy's YSR Congress Party - to pass bills in the Upper House. As of now, assuming the BJP can count on the 15 votes from NDA parties' MPs, it will need a minimum of 13 additional 'aye's cast in its favour to push through bills.

The YSRCP (11) and the AIADMK (4) are the BJP's two most obvious 'allies', even if its relationship with the latter has been fractious since they split in December last year, months before the election.

Jagan Reddy's YSRCP has lent issue-based support to the BJP in the past, so at least 11 votes seem assured for Mr Modi's party. Former Odisha Chief Minister Naveen Patnaik's BJD lent similar support too but, since it was beaten by the BJP in the May-June state election, has said it will not do so now.

The BJD has nine Rajya Sabha MPs.

If the AIADMK is unwilling to offer support, and the BJD of Naveen Patnaik has turned away, the BJP will then turn to votes from nominated members.

There are a total of 12 nominated members in the Rajya Sabha. Although non-aligned when brought in, since they are chosen by the government, in practice they tend to support the ruling party.

Non-aligned parties like the BRS, which has four MPs, and independents may also come into play.

Vacant Seats

There are a total of 20 seats vacant at this time, including 11 held by elected members for which polls are expected this year. Of these, there are two seats each in Maharashtra, Assam, and Bihar, and one each in Haryana, Rajasthan, Madhya Pradesh, Telangana, and Tripura.

The BJP-led alliance has the numbers to win seven - from Assam, Bihar, Rajasthan, Madhya Pradesh, and Tripura. And if it can keep its flock together in Maharashtra, it will win two more from there.

This could give the BJP as many as nine extra seats. If it wins those, and with the nominated members' votes, as well as the YSRCP's, it will have more than enough to cross the majority mark.

There are also four seats vacant from Jammu and Kashmir, which is expected to hold an Assembly election by September 30, in line with a Supreme Court order.

The Telangana seat is likely to be won by the Congress, which swept to power last year.

This is crucial because it will give the party enough votes to claim the Leader of the Opposition post in the Rajya Sabha. The Congress will then hold the LoP seat in both Houses.

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News Network
July 16,2024

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Bengaluru, Jul 16: Karnataka Deputy Chief Minister, DK Shivakumar expressed his displeasure over the Central Bureau of Investigation's (CBI) handling of his Disproportionate Assets (DA) case, stating that the agency was overstepping its limits.

Speaking to the media on Tuesday at the Vidhana Soudha in Bengaluru, Dy CM Shivakumar said, "The state government has referred the same case to the Lokayukta, which is currently investigating it. I don't understand why the CBI is going beyond its limits in their investigation."

He added, "I will meet them personally soon and convey my objections. I have done nothing wrong, and they are trying to harass many unconnected people. I'm confident that I've done nothing wrong."

When asked about Union Minister for Heavy Industries and Steel, HD Kumaraswamy's criticism over the all-party meeting on the release of Cauvery water to Tamil Nadu, Dy CM Shivakumar accused him of not taking interest in the Cauvery dispute.

He is not bothered about the interests of Karnataka, he stated.

"Kumaraswamy only makes allegations in a dramatic style. He is nursing a grudge against me and harbouring envy. He has been doing this since the beginning, which is why I'm asking him for a discussion," he stated.

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