Many people are being thrown into jail, (Taloja Mumbai) these days on charges of Sedition. We are familiar with Fr Stan Swamy, 83-year-old Jesuit priest, who ultimately died in hospital while his case was still being argued in court after being denied bail. He was detained and arrested Oct 8, 2020, at Bagaicha Ranchi Jharkhand for allegedly inciting violence and conspiring to overthrow the Indian government.
The Jesuit priest was first arrested at the Jesuit social centre where he lived and worked on the outskirts of Ranchi, the capital city of the eastern state of Jharkhand. He was a member of Jamshedpur Jesuit Province. He was arrested by the Investigation Agency, India’s counter-terrorism task force.
So what is Sedition? The dictionary meaning: Sedition is the act of encouraging rebellion against the government, or an action that promotes such rebellion, such as through speech or writing.
If Sedition is such a serious charge – what would or should be the charges against our Parliamentarians and members of the State Assemblies when they break the Oath of Office?
This is the oath they take: “I, A, B, do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established, I will uphold the sovereignty and integrity of India. I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.”
What does the Preamble of the Indian Constitution say:
We, the people of India, having solemnly resolved to constitute India into a sovereign socialist secular democratic republic and to secure to all its citizens: justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the Nation; in our constituent assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this constitution.
The Constitution clearly lays down that, we are sovereign socialist secular democratic republic.
In other words, our Parliamentarians belonging to the ruling party are not abiding by the Constitution or with the oath they have taken as they are openly creating a rift among the minorities (especially among the Muslims and Christians) and the Hindus. The party claims that they would like a Hindu Rastra – meaning that the minorities become 2nd Class citizens.
The ruling party has every right to change the Constitution. So only after that is done, can they talk about a Hindu Rastra – till then they have to abide by their oath/Constitution.
It can only be done by the Electorate by voting them out of power.
We are nearing 75 years of Democracy in India, but we still have not learnt to live amicably. Churches are demolished or vandalised. Muslims are lynched. Laws are introduced to avoid forced Conversions in many States in India. Rules are being promulgated, as to what we can eat or wear, etc. Does our Constitution lay down such coercive actions?
The senior most ministers in Delhi say they do not subscribe to corruption. Just have a short glimpse of our own State – The Ex- Governor of Goa said, after he was transferred from here, that Goa is one of the most corrupt States. An MLA in the ruling party openly stated that one of their own Ministers was involved in a huge Job scam. What can we conclude?
Take the case of Lokayukta Ex Justice (retired); he stated to the press, that he had recommended various penalties based on cases he judged -and not in one of the 21 cases action was taken by the govt. Why is this law needed he asked?
We are all aware of the cases pending of the many MLAs standing for re-election this time. Matters are pending – will justice be ever pronounced on them. Is this a democracy or a mobocracy ? Is this justice?
Compare the two cases; 1. The Editor-in-Chief of Magazine was arrested and matter brought to court in a matter of alleged rape in 2013. 2. An MLA of the ruling party was similarly accused of rape charges in 2016. The MLA was granted bail and the matter is still in court.
The editor’s case was taken up in court and he was found not guilty, and acquitted of all rape charges. The Govt decided to appeal the matter. The case is still going on after 9 years. It’s only after the intervention of the Supreme Court was he granted bail.
In the second case – the MLA was accused of buying the 16-year-old girl for Rs 50,000. Are these slavery days again?
Why did they take such an action against the editor? Well he had conducted several Sting Investigations and reported them in his Magazine. In the case of the MLA, he is still standing for Elections in spite of such serious charges. Was this because in the previous election he managed to orchestrate 10 MLAs from the other party to change allegiance? Is this where we have reached?
What happens to our so called oath?
We as citizens are duty bound to make sure when corruption has reached such proportions, to stand united and vote these miscreants out of office. Jai Hind.
(Basil D’Cunha is a career guidance counsellor who operates from Jesuit House, Panjim)
