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corruption as sedition INDIA


Recent Posts More
Arvind Kejriwal
03 January 2011, 04:06 PM IST Sedition scam
Binayak Sen has been charged with sedition. Sedition carries a punishment Adarsh and CWG haven't
taught us anything
of life imprisonment. Section 124A of IPC defines “sedition” as
Judge yourself, my learned
friends
124A. Sedition – Whoever, by words, either spoken or written, or by signs, or SEARCH TIMES BLOGS
by visible representation, or otherwise, brings or attempts to bring into hatred FOR THE PEOPLE Search
or contempt, or excites or attempts to excite disaffection towards, the Recent Posts More Advanced Search
government established by law in India, shall be punished with imprisonment
1. Why Indian laws need to treat
for life, to which fine may be added, or with imprisonment which may extend corruption as sedition ABOUT ARVIND KEJRIWAL More
to three years, to which fine may be added, or with fine. Arvind Kejriwal, an IIT Kharagpur graduate of 1989,
2. Mobilize Against Corruption
worked for Tata Steel in Jamshedpur before joining
the Indian Revenue Service in 1992. He worked in the
Explanation 1 – The expression “disaffection” includes disloyalty and all 3. India Against Corruption IRS till 2000. In 2000, he set up Parivartan to fight
feelings of enmity. against bribery in government departments. Parivartan
4. Is India really a democracy? helped people in getting their grievances resolved
without bribes in the electricity and income tax
Explanation 2 – Comments expressing disapprobation of the measures of departments. Since 2001, Parivartan has been
Most Read More
the government with a view to obtain their alterations by lawful means, working on using and spreading awareness about the
Day | Week | Month | All Time Right to Information, which has proved to be an
without exciting or attempting to excite hatred, contempt or disaffection, do effective tool in the hands of the common man to not
Most Commented More only fight bribery but also to hold the government
not constitute an offence under this section.
Day | Week | Month | All Time accountable. Arvind took leave from his job to work
with Parivartan in November 2000. Since then, he had
1. Why Indian laws need to treat
Explanation 3 – Comments expressing disapprobation of the administrative been on leave till he finally resigned from the IRS in
corru...
21
February 2006. In August 2006, Arvind was awarded
or other action of the government without exciting or attempting to excite Ramon Magsaysay award for his work on RTI. But he
hatred, contempt or disaffection, do not constitute an offence under this maintains that all these awards and recognition do not
Top Rated More belong to him but to the entire RTI movement and to
section. all such people who fought for transparency in
Day | Week | Month | All Time governance and even risked their lives.
1. Why Indian laws need to treat
Therefore, sedition is defined as an act which causes contempt or hatred or
corruption as sedition ABOUT FOR THE PEOPLE More
disaffection against the “government” and not against the “country” or the 4.6/5
“constitution”. India is touted to be the world's largest democracy.
Has it been able to provide answers to most of our
problems? Or is this democracy itself the reason for
Most of us who regularly use RTI, expose corruption and criticize Celebrity Blogs most problems, as many people believe? And how
democratic is Indian polity? By the people, for the
governments could be easily prosecuted under the above section. Everyday,
Pooja Bedi's blog people, of the people. Do people really have a say?
opposition parties incite hatred against the government in power. Therefore, The Heart Charka :XI .... Right to Information has been a small yet concrete
all opposition leaders could be held guilty of “sedition”. If strictly step in making our polity more democratic. How
effective has been RTI so far? Are governments really
implemented, this section could muzzle dissent and democracy. Minissha Lamba's blog committed to it or has it got reduced to a mere political
All praise .... PR exercise?

Interestingly, such grave offences, which have the potential of destabilizing


Atul Kulkarni's blog The views expressed in For The People are the
Indian economy, are not treated as “sedition”. For instance, A Raja caused a author´s own.
Weight watch ....
loss of Rs 1.76 lakh crores to India. This is almost 30% of annual Gross Tax
POPULAR TAGS
Receipts of Government of India. Therefore, he almost threatened the
Anjana Sukhani's blog
economic sovereignty of India. Interestingly, that is not sedition. That is On a different track .... anti-corruption bill-against-corruption bribe
“corruption”, which invites the same punishment as would be awarded to a
corruption democracy free-speech india-
food inspector who takes Rs 1000 bribe to make a ration card. Arjun Rampal's blog against-corruption indian-polity kiran-bedi laws
Dance with me .... lokayukta lokpal prashant-bhushan right-to-information
santosh-hegde scams sedition

http://blogs.timesofindia.indiatimes.com/for-the-people/entry/why-indian-laws-need-to-tr... 05-01-2011
Why Indian laws need to treat corruption as sedition : India : Arvind Kejriwal : TOI Blogs Page 2 of 7

IPC was written in 1861 by the British. Their aim was to economically Source: itimes.com
plunder India. Anyone who resisted in those efforts was a traitor and his Archives
activities were declared as “sedition”. Unfortunately, after independence, we
« January 2011 The Times of India
continued with the same system. Under our present legal system, economic
Like 644,443
plundering of Indian revenues and Indian resources is a petty offence called Sun Mon Tue Wed Thu Fri Sat
“corruption”. But anyone who resists that or has “disaffection” towards such 1
practices is guilty of “sedition”. 2 3 4 5 6 7 8
9 10 11 12 13 14 15 Powered by Indiatimes
Section 120B of IPC is another section under which Binayak Sen has been
16 17 18 19 20 21 22
convicted. Section 120B talks of criminal conspiracy. If anyone conspires in
23 24 25 26 27 28 29
a crime, he is liable for the same punishment as is the person committing the
30 31
original crime.

Nira Radia tapes show how many journalists, many businessmen and many
politicians conspired to threaten economic stability of India; how they
threatened the constitution of India by putting the cabinet berths of Indian
government on sale? But the British laws under which we work do not treat
this as sedition.

In the least, all these people are guilty of criminal conspiracy under section
120B read with Prevention of Corruption Act.

Dr Manmohan Singh, the Prime Minister of India, fully knew that Raja was
looting the nation. It was the constitutional duty of Dr Singh to stop that.
Rather he turned a blind eye. Subsequently, the Prime Minister even tried to
protect Raja’s misdeeds in various ways. He sat on the request of Dr
Subramaniam Swamy for more than eleven months seeking permission to
prosecute Raja. Then, the CBI directly working under the Prime Minister did
not do any investigation in that case for almost a year after registering FIR
despite strong displeasure expressed by Supreme Court on several
occasions. CBI got into action only when the Court decided to monitor CBI’s
investigations. Isn’t this sedition? However, the British laws under which
independent India functions, do not treat such serious charges as sedition.

In the least, Dr Singh is guilty of criminal conspiracy under section 120B read
with Prevention of Corruption Act.

Unfortunately, the role of none of the above players would even be honestly
investigated because CBI, which is the agency responsible for investigating
and prosecuting them, works directly under the command of the accused.
Even if they were tried and convicted, they would be guilty of “corruption”,
which carries a punishment of six months to a maximum of seven years.

Media has been replete with stories on how Dr Raman Singh, Mr Naveen
Patnaik and Mr Yeddyurappa have been selling the minerals of this country
at throwaway prices. They are giving licenses for mining, not because these
minerals are needed for India, but for exporting most of these minerals. The
state gets a royalty of Rs 27 per ton of iron ore mined, cost of mining is
roughly Rs 300 per ton and the mining company sells it in international
market at Rs 6000 per ton. The economics of the mining of almost all
minerals is as absurd. Not just that, mining companies, with full knowledge of
government agencies, mine much more illegally than they are permitted.
Illegal mining is so rampant that it is feared that some of the mines would be
empty within the next few years.

Royalty rates are fixed by central government. Licenses and permissions are
given together by both central and state governments. Aren’t all these
honorable Chief Ministers, who are openly plundering the national resources,
in collusion with various ministries of Central Government, guilty of sedition?
The party antagonism vanishes when it comes to plundering the nation.
Complete bonhomie is seen between BJP in states and congress at the
centre. They are doing precisely what their British predecessors did. Loot
this country and take the wealth out of the country. Since we work under the
same British laws, their loot is not a serious crime but anyone who dares to
“hate” their activities or resist them and incite “contempt” or “disaffection”
against such open loot of the country is a crime.

Our laws do not even recognize these crimes, which have the potential to
destabilize India, as serious enough to be termed “sedition”.

http://blogs.timesofindia.indiatimes.com/for-the-people/entry/why-indian-laws-need-to-tr... 05-01-2011
Why Indian laws need to treat corruption as sedition : India : Arvind Kejriwal : TOI Blogs Page 3 of 7

Sedition, under the present law, is to cause “disaffection” against such


corrupt and unjust governments. How can one call himself an Indian and still
have “affection” for such practices? We fought against British not because of
the color of their skin but also because of the exploitative character of their
government. Unfortunately, the character of the present governments has
become far more exploitative.

One may have strong “disaffection” for government of India, its policies and
its systems. But one may love India. One may love Indians. But under
section 124A of IPC, one would be guilty of sedition.

Join India against corruption at www.facebook.com/indiacor

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Comments:
Sort by: Newest | Oldest | Recommended (5) | Most Discussed (1) | Agree (16)

Daljit Singh says: Agree (0)


January 05,2011 at 06:12 AM IST
Disagree (0)
Congress says India gained freedom when Jawaharlal Nehru, Recommend (0)
made the famous midnight speech in the Parliament.He was
right so far as the politicians are concerned but the Aam Aadmi Offensive
remained tied to the IPC. Journalists

Kumar says: Agree (1)


January 04,2011 at 03:09 PM IST
Disagree (0)
Hi Arvind Just wanted to say Hello. This is the reason I left India. Recommend (0)
I met you In Delhi long time back when you were a Income Tax
Commissioner. I sincerely hope that these traitors of the country Offensive
could be punished one way or the other so that India can attain
the heights whihc it deserve. Regards Kumar

Madan Mohan Gupta says: Agree (2)


January 04,2011 at 02:14 PM IST
Disagree (0)
Nicely said, Further it is our primeminister who says against Recommend (0)
court verdict of giving food grains to poor at free of cost that it is
not possible. Food cannot be given free of cost but our natural Offensive
resources, minerals and water can be given free of cost to
multinationals naturally under foregin / world bank presure and /
or bribe. If our govt really represent the masses??

http://blogs.timesofindia.indiatimes.com/for-the-people/entry/why-indian-laws-need-to-tr... 05-01-2011
Why Indian laws need to treat corruption as sedition : India : Arvind Kejriwal : TOI Blogs Page 4 of 7

abha says: Agree (1)


January 04,2011 at 01:35 PM IST
Disagree (0)
Very true and eye opener...Definitely corruption need to be Recommend (0)
treated as sedition..and not less than that...
Offensive

Sharma M C L says: Agree (1)


January 04,2011 at 10:58 AM IST
Disagree (3)
Why do you media guys adore communists and their stupid Recommend (0)
ideology so much? Naxals are terrorists and just as Binayak Sen
has been punished, send Arundhati Roy also to jail. A criminal is Offensive
a criminal. Just because Binayak was communist sympathizer
doesn't make him God.

Avinash says: Agree (4)


January 04,2011 at 10:57 AM IST
Disagree (0)
This is a absolutely marvelous arcticle written on the current Recommend (1)
situation of our country. Do we have any fourum online where
we can vote against the corruption to make the laws more strict Offensive
and implementable, CBI should be made as an independant
body directly reporting to no one but the Supreme court, then
only all the investigations will be carried out without any bais.

Tanpreet says: Agree (0)


January 04,2011 at 10:31 AM IST
Disagree (0)
The only way out of corruption is to have faith in the system and Recommend (0)
its working... and that is possible only when the official post
holders say NO it. Offensive

Sandy-Man says: Agree (0)


January 04,2011 at 09:46 AM IST
Disagree (0)
unless the common man changes himself or herself, the system Recommend (0)
isn't gonna change. and unless the system doesn't change, our
Nation is gonna remain the same. so the onus lies on us. we Offensive
(the common man) need to change our perspective, our way of
looking and doing what is right.

Bhaskara Reddy Aalla says: Agree (2)


January 04,2011 at 04:03 AM IST
Disagree (0)
The above article which should easily have been an Editorial is Recommend (0)
hidde as a blog. Hope the newspaper magnates wake up to their
responsibilities towards the nation. Offensive

Subhash says: Agree (2)


January 04,2011 at 02:12 AM IST
Disagree (0)
This Article written by Mr. Arvind Kejriwal is very good and quite Recommend (0)
proper. All people, young and old of India and Indians abroad
should read this and send comments. I think the majority of the Offensive
people will agree with Mr. Kejriwal Jay Hind!!

Narender Seshadri says: Agree (1)


January 04,2011 at 12:40 AM IST
Disagree (0)
Time to re-write the IPC in 2011? (Brits wrote in 1861, now who Recommend (0)
can?,which govt.will allow this? which president will okay
this?)...it's like that story let the person throw a stone who Offensive
himself/herself has not committed a sin? does that mean we
leave our system to rot

http://blogs.timesofindia.indiatimes.com/for-the-people/entry/why-indian-laws-need-to-tr... 05-01-2011
Why Indian laws need to treat corruption as sedition : India : Arvind Kejriwal : TOI Blogs Page 5 of 7

Mir Mehmood says: Agree (5)


January 03,2011 at 11:35 PM IST
Disagree (0)
yes......common man is corrupt n very corrupt, but ... why do we Recommend (0)
have the institution of governance ??? certainly not 2 demand
bribes and flout the rules, but just 2 enforce law strictly in letter n Offensive
spirit. corruption does not exit because there r ppl who for their
selfish ends r ready 2 offer bribe.......but because of the ppl who
r ready 2 compromise their conscience and their official posts or
positions by demanding illegal gratifications. how so ever the
corrupt system, it can never survive if the head says NO !!!

arun mahajan says: Agree (1)


January 03,2011 at 09:44 PM IST
Disagree (0)
sir kindly create a group on facebook. Recommend (0)
Offensive

ARUN MAHAJAN says: Agree (0)


January 03,2011 at 09:43 PM IST
Disagree (0)
@Arvind Kejriwal: Sir i request you to create a group on Recommend (0)
Facebook.
Offensive

Rani Haridas says: Agree (4)


January 03,2011 at 09:03 PM IST
Disagree (0)
corruption, corruption now we have our CBI and police who are Recommend (0)
corrupt..arushi talwar case..now the big question is who will
punish the CBI and police.. Offensive

ssundaram444 says: Agree (0)


January 03,2011 at 08:51 PM IST
Disagree (0)
Mr.Arvind Kejriwal You are absolutely right that Indian laws Recommend (0)
should be changed to treat corruption and looting as sedition.
Unfortunately, just as the Parliamentary system is based on that Offensive
of UK and our nation’s forefathers did not introduce new laws
suitable for Indians despite the question raised by our First
president Dr. Rajendra Prasad ,the Indian Penal Code does not
address this serious problem of plundering and corruption. The
looters whoever they may be, should be taken to task and
punished accordingly. But if the looters have allies in all the
governments of the nation including the Parliament, the
Executive and Judiciary , what a true Indian like you and me
could do?

M.s. Venkatraghavan says: Agree (5)


January 03,2011 at 08:37 PM IST
Disagree (0)
Dear Sri.Kejriwal, Our FOUR pillars of democracy is Recommend (2)
1.Politicians,2.Executives,3.Judiciary,4.Media-
(Print/Audio/Visual). Our present experience shows the following Offensive
are apt description of them and of course with EXCEPTIONS***.
1.Politics is the last refuge of scoundrels is said in the WEST but
in India the word LAST should be replaced by ONLY.*** 2.
Executives are equally corrupt and amassed wealth and if you
ask them to put the head down they will kneel down to their
benefit and guide Politicians to amass wealth.*** 3.Judiciary is
doing their job admirably inspite of pressure as in the recent one
faced by Justice Reghupathi. 4.With reference to the media the
Editors are highly paid compositors who are not knowing what
are the news appearing in their medium. Some of them use their
scoops to blackmail is really sad.They will dish out anything for
the sake of money. And finally,Citizens do not vote and
discharge their duty towards the nation with the result crooks
reap all the benefit that otherwise reached the needy. It is
essential to make the citizens of this nation to keep their eyes
and ears open to all that are happening in this Nation.What you
can do with those who are highly qualified and do not care when
corrution is taking place or anti-national activities are taking
place. What is the value of their education? Hence people at the
top should set an example in leading the Nation so that the

http://blogs.timesofindia.indiatimes.com/for-the-people/entry/why-indian-laws-need-to-tr... 05-01-2011
Why Indian laws need to treat corruption as sedition : India : Arvind Kejriwal : TOI Blogs Page 6 of 7

growth for the past 60 and odd years are inclusive. Are you
going charge everybody with sedition, Sir?.

RUSTOM says: Agree (0)


January 03,2011 at 07:33 PM IST
Disagree (0)
THESE TOI GUYS ARE ALSO SMART PEOPLE. THEY DO Recommend (0)
NOT PRINT SUCH THINGS IN THEIR NEWSPAPER. THEY
KNOW THAT THEY WOULD GET SPANKED IF THEY DO SO Offensive

Lal Narang says: Agree (2)


January 03,2011 at 07:24 PM IST
Disagree (0)
GOOD SUGGESTION...VERY GOOD...BUT IF IT SO Recommend (1)
HAPPENS THEN MORE THAN 2/3RD OF THE GOVERNMENT
WILL DISAPPEAR. AND THEN HOW THE COUNTRY WILL BE Offensive
RULED? ....AND 2/3RD ESTIMATION IS AT LOWER END OF
THE SPECTRUM. W HAVE MANY GRAND AND NOBLE
IDEAS BUT THEN THEY ARE GRANDER AND NOBLER...AS
SUCH, SUCH SUGGESTIONS WILL NEVER SEE THE
DAWN ....

Devang says: Agree (5)


January 03,2011 at 05:47 PM IST
Disagree (0)
Good One. Very True Recommend (1)
Offensive

mshagv says: Agree (2)


January 03,2011 at 04:41 PM IST
Disagree (0)
An eye opener. Recommend (0)
Offensive

(Reply to mshagv)- Sachetak says: Agree (2)


January 04,2011 at 03:26 PM IST
I would suggest, not only 'corruption',but 'hoarding', Disagree (0)
'ADULTERATI0N' - particularly in medicines/drugs, milk and
Recommend (2)
food items should be treated as OFFENCE PARALLEL TO
SEDITION. All persons engaged in these activities should Offensive
be put to face either the 'FIRING SQUAD' or given the
choice to be used as 'guinea pigs' for experimentation of life
- saving drugs. This alone can control the rot.

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