Against ABVP # antinatinalist

We have freedom of speech, Sorry ! you are anti nationalist .

Hi to my all readers, i am shocked, sadden, heartbroken. Having no words to express my feelings and I can only be in mental peace after expressing my feelings and this is the best place to do so. My blog is on very sensitive issue that is nationalism and anti nationalism. My freedom  of speech visa a vice rational criticism of the government.

Delhi university student Gurmehar Kaur started the campaign last week against the ABVP (Akhil Bharatiya Vidyarthi Parishad) and she was compelled to take off the campaign. Before understanding the above issue lets us peep in to the root cause of this campaign.

Violent clashes broke out between Left-affiliated AISA and RSS-backed ABVP at DU's Ramjas college on 22 February 2017 over a seminar invite to JNU students Omar Khalid and Shehla Rashid which left "several students and three teachers injured. The clash broke out when a group of students and teachers tried to take out a march demanding action against ABVP for alleged vandalism and also disruption of a seminar. Akhil Bhartiya Vidyarthi Parishad had  locked down the college's seminar room and pelted stones in protest against the invitation to the JNU students who were to address a seminar calling them "anti-nationals". The college authorities decided to withdraw the invitation which irked a section of students and teachers who planned the protest march to Maurice Nagar police station demanding action against ABVP members for the "vandalism". The ABVP members, however, did not allow the march to proceed and allegedly locked the students and teachers inside Ramjas college while AISA members tried to barge inside the premises to "rescue the captives".The two JNU students were invited to take part in a session during a two-day seminar on 'Culture of Protest' organised by Wordcraft, Ramjas college's Literary Society.

After the above act gurmehar kaur started her campaign against ABVP where she got trolled badly on internet being called anti national. So the question of concerned is how she  become anti national.  Did it mean that any person who will speak against RSS and BJP or there backed wings will be declared as anti national. Lets me not be so emotional I am a lawyer so I should try to find the answer through law not through my sentiments. Here the issue of contention is that Whether raising a voice against particular group of people or  disliking ideology of particular political party can be ground to declare you anti national.

Constitution of India provide all Freedom of speech and expression with reasonable restrictions and  existence of sedition in India is always be considered as indivisible    part of   freedom of speech and expression. As it always matter of contention what amount to reasonable for the purpose of article 19 and where sedition charges are to be impose. We have to understand that where the circumference of reasonableness of Article 19 ends, sedition laws starts. Supreme court in kedarnath singh v state of bihar 1959 clearly held that sedition law is constitutional and provide that  since the word ‘sedition’ by itself is not included as one of the reasonable restrictions under Article 19(2), the Court could uphold section 124A only if it was brought within the ambit of ‘public order’. It made a clear distinction between strong criticism of the government and those words which excite with the inclination to cause public disorder and violence. It also distinguished between ‘the Government established by law’ and ‘persons for the time being engaged in carrying on the administration. Later on clearing the view supreme court in  S. Rangarajan v. P. Jagjivan Ram 1989  held that for bringing sedition in to the domain of public order  the expression of thought should be intrinsically dangerous to public interest. The anticipated danger should  not be remote  it should be proximate. Again Supreme court in balwant singh v state of Punjab  in 1995 held that “Over sensitiveness sometimes is counterproductive and can result in inviting trouble. Raising of some lonesome slogans, a couple of times by two individuals, without anything more, did not constitute any threat to the Government of India as by law established, nor could the same give rise to feelings of enmity or hatred among different communities or religious or other groups.

Coming back to the recent matter, what Gurmehar Kaur did  she simply started the campaign against a political thought and express that she did not like views of ABVP and therefore she stand against it, How this act became so aggressive that all start thinking that she is speaking against the nation. So is it ABVP who will decide that what is national and what is not. Not they can not, what is actually going on is some thing different.The attack at Ramjas College in Delhi is one episode. It is linked to the assaults at India’s premier university – Jawaharlal Nehru University – and to the many attacks on students from Jadavpur University (West Bengal) to Central Universities in Hyderabad, Haryana and Jharkhand. The ruling party’s student wing – ABVP – has been emboldened to intervene violently in any attempt by students to have open discussions about matters that the Sangh Parivar deems to be inappropriate. This is thuggish censorship.  The Sangh Parivar wants to use ‘reforms’ to college admission policy and to the policies on student life as a way to engineer the student body. They want to disallow progressive politics and allow only the politics of violent cultural nationalism. The people chosen by the ruling party to run academic and cultural institutions show that they care little for competence and are driven by a narrow political agenda. Blind obedience and conformity are preferable to them than robust and rich political debate on the campuses. The Sangh Parivar’s agenda is to close the Indian mind and destroy intellectual flexibility. Leaders of colleges who are sympathetic to the Sangh Parivar have emboldened non-academic agents to use violence against students and faculty who want to hold conversations around controversial themes – Kashmir, the Sangh Parivar, caste violence, misogyny, and class apartheid. This intimidation is the opposite of what a university and college must be – namely, a sanctuary for conversation and debate over the very issues that are most contentious. No progress is possible in a country if young people are not permitted full freedom to discuss difficult issues, pressing issues, issues that will matter to them long after the political leadership in the country has passed on.  oh! Again being little sentimental actually it is not my over zealousness rather it my heart pain that every time comes out.

If Gurmehar Kaur is anti national than what about those who gave her open warning of rape and death. I agree this 20 year girl was knowing the consequences of her campaign, she was not knowing that she is no more living in democracy her freedom of speech has already been taken. She forget that some people draw their ideologies from North Korea and these people have firm believe that what they think, what they say, what they eat, what they drink is only national any one doing things other way is anti national.

You believe that there should be open discussion about peace between India and Pakistan as war take thousands of life # you are anti nationalist.

They say we should have a diplomatic relations and war only kills# they are nationalist.

You say have a democratic thought, all are equal# you are anti nationalist.

They say only Sang parivar is true follower of democracy   # nationalist.

You say I want to eat   Meat # you are anti nationalist

They say  you cannot eat without our will # nationalist

You say who kill Gandhi ji  was anti nationalist # you are anti nationalist

They say he was the real patriot  # they are nationalist.

I know if this post reaches up to some people than I will be also facing sedation soon. But being a lawyer it is my duty to show mirror to the world. Though I tried to write only on legal prospective but this time was not able to control my emotions. But I will be writing on this topic again with complete legal prospective.

Thankyou for reading