Piyush Sethia Charged with Sedition for Pamphleting Against State Atrocities on Adivasis in Chattisgarh

Dear all:
Today, a cycle rally was to be launched to travel through Tamilnadu to the constituency of Home Minister P. Chidambaram to inform Tamilnadu residents about the State/Central Govt's war against adivasis in Chattisgarh.

Piyush Sethia was to begin the rally with two other friends after distributing pamphlets at a Republic Day function attended by the Collector. The pamphlet is a well worded one asking why the State is denying the guarantees under the Constitution by the Republic of India to adivasis, and why the State Government has refused to obey the Supreme Court order directing them to rehabilitate the 644 evicted villages, and their residents. The pamphlet ends by stating that we won't remain silent and will take a cycle rally through the villages of Tamilnadu to build public opinion (hardly a non-democratic means).

Even before he could distribute one pamphlet, police personnel appeared on the scene and demanded to know what he was doing. He shared one of his pamphlets with them. Inspector (IS) Mr. Annadurai, who arrived on the scene in a jeep, got down and instructed Piyush to enter the jeep. When Piyush refused to do that Mr. Annadurai repeatedly hit him on his head, and pushed him into the jeep.

Piyush has been charged with sedition (Section 124A -- see below for the definition of the charge under IPC), and for disrupting a Government function (Section 4(i) under TN Police Act, 1949). The former (Sedition) is a non-bailable offence with a maximum sentence of life plus fine. However, the charge is totally non-maintainable given the content of the pamphlet that was distributed. It appears that Piyush will be in Salem Central Jail for a few days before he can be released. His advocate Mr. Mayan assured me that he will be released in a few days, hopefully before 29 January.

I'll send a scanned copy of the Tamil pamphlet in a short while, with a translation for your reference. Tomorrow, Madhumita Dutta, Mr. A. Marx, Kutti Revathi (a poet) and other human rights defenders will address a press conference highlighting the shameful act of the Tamilnadu Police in curbing lawful expression of opinions with an intent to invite people to exercise their democratic rights by putting pressure on the Central Government in general, and on Mr. P. Chidambaram in particular.

WHAT YOU CAN DO:
1. Write polite letters to the Commissioner of Police, Salem, after you have had a chance to read the contents of the pamphlet, expressing your outrage at considering pamphleteering a seditious act, and inviting him to restore your confidence that Tamilnadu still operates within the democratic framework set out by the Constitution.

2. Get people (including known names) from your city to sign a statement defending free speech, and have it faxed to the Commissioner of Police.

3. Get people who can write to write in blogs, opinion pieces in media.

Letters may be sent to:
Commissioner of Police
Salem City
Phone/Fax: +91 (0)427 2410217

Model Message: "We are alarmed at the charge of sedition framed against Piyush Sethia for distributing pamphlets announcing the launch of a peaceful, non-violent public opinion mobilisation via a cycle rally to highlight and protest against the Government's atrocities against Adivasis in Chattisgarh. We are concerned about your office's clampdown on constitutionally guaranteed rights to free speech and expression on a day when the Republic is being celebrated. Kindly withdraw the charges, and honourably discharge Mr. Sethia."


124A. 1[ 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, 2[ the Government established by law in 3[ India], a 4[ shall be punished with 5[ 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. Explanation 1.- The expression" disaffection" includes disloyalty and all feelings of enmity. Explanation 2.- Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3.- Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.]