Can CM Adityanath Press Sedition Charges on ‘Azaadi’ Sloganeers?

UP Chief Minister Adityanath said those raising ‘azaadi’ slogans will be accused of treason.

Shouting ‘Azaadi’ now considered treason?

(Photo: The Quint)

Video Editor: Ashutosh Bharadwaj

Amid the slogans calling for 'azaadi', came an outrageous statement from Uttar Pradesh Chief Minister Yogi Adityanath...

“On the soil of Uttar Pradesh, I will say this. In the name of protest demonstrations in Kashmir, those who shouted ‘azaadi’ slogans. If you raise such slogans, it will come under the category of treason, and the government will take strict action against you.”

Yogi Adityanath, CM, Uttar Pradesh

UP Chief Minister Adityanath said those raising the 'azaadi' slogans will be accused of treason. He warned of strict punishment too – punishment at its harshest. You demand freedom, but you'll get jailed in return. The CM will put you behind bars.

Does sloganeering fall under the category of treason? Is it a crime to raise slogans of ‘azaadi’ while protesting against the Citizenship Amendment Act? If this is the case, then independent people of this free country ask janab, aise kaise?

What do the laws say about treason?
Will someone become a traitor by merely shouting slogans?

In a word, the answer is… No.
Mr CM, no.

I am not saying that these laws of our free country and the country's highest court that is the Supreme Court's decisions are saying so.

What is the Sedition Law?

The Sedition Law has been framed under section 124A of the Indian penal code (IPC). It is defined as and I'm quoting:

“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 India, 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.”

This archaic law belongs to the British era. Which means, at a time when Gandhi and Tilak would write or speak against the British, the British would get nervous. Then to avenge the criticism they would use this law. Even though they were founders of this law in India, treason law ended in Britain about 10 years ago.

Let me now cite a few cases of treason in India.

In 1962, in the ‘Kedar Nath Singh vs government of Bihar’ case, a case of treason was filed, while delivering the judgment, the judge said that criticising the functioning of the government is not treason. If some kind of violence or anarchy doesn’t spread in society from one’s speech or article, it cannot be considered treason. Hear again, mere sloganeering doesn’t constitute treason.

There is another case – 'Balwant Singh vs Government of Punjab' .

On the day of the assassination of former PM Indira Gandhi that is, on 31 October 1984, a man named Balwant Singh in Chandigarh raised slogans of 'Khalistan Zindabad'

In this case, a case of treason was lodged against him. However, the Supreme Court did not give him any punishment under the clause of treason.

Now, neither are slogans of Khalistan being raised nor are they being raised for independence from India. We need to see what are those who are raising slogans of freedom saying, and they say:

“We want freedom from Citizenship Amendment Act and from NRC.”  They are saying “we need freedom from inequality”. They are saying “we need freedom from the atmosphere of fear”. Is this treason?

The reality is whoever is asking for freedom from inequality and fear is talking about making his country better. For such people, when the CM says they cannot raise 'azaadi' slogans, they will surely ask: janab, aise kaise?