oppn parties Even "Time-Tested" Laws Need To Be Re-Examined As Times Keep Changing

News Snippets

  • India–New Zealand free trade agreement takes effect on Vijayadashami, giving 100% of Indian exports duty-free access to New Zealand, according to the government’s announcement
  • US Secretary of State Marco Rubio is due in Mumbai today for talks with External Affairs Minister S. Jaishankar, with trade, energy security, technology and defence cooperation among the key issues. He is also expected to pay tribute to the victims of the 26/11 Mumbai attacks
  • Three people were killed and three injured when suspected militants ambushed a group collecting firewood near the border of Manipur's Imphal East and Kangpokpi districts. The killings triggered protests in Imphal, where demonstrators placed two victims' bodies outside Chief Minister Y. Khemchand Singh's residence; markets and shops shut amid renewed security concerns
  • A Delhi court extended the judicial custody of Cockroach Janta Party leaders Ashutosh Ranka and Saurav Das by two days at the police's request for further questioning
  • India rejected a resolution on Jammu and Kashmir adopted at the Organisation of Islamic Cooperation's Council of Foreign Ministers' meeting in Baghdad, describing its references to India as biased and false. The Ministry of External Affairs accused Pakistan of using the 57-member grouping to advance its position and reiterated that Jammu and Kashmir and Ladakh are integral parts of India
  • Samyukta Kisan Morcha has decided to join the nationwide protest against the SIR, with the first rally on October 23
  • The government directed oil marketing companies to reduce sugar diversion for ethanol production to zero for the 2026–27 supply year, excluding ethanol made from sugarcane juice, syrup and B-heavy molasses from the latest tender. The move is intended to increase domestic sugar availability and ease prices, which have risen sharply ahead of the festive season, but it could reduce returns on sugar producers' ethanol investments
  • India's National Cybercrime Threat Analytics Unit warned of a rise in online financial fraud involving manipulated videos of the Prime Minister, finance ministers and chief ministers promoting fictitious government schemes. Fraudsters direct victims to fake websites or messaging accounts and demand processing fees or induce them to approve fraudulent UPI transactions, the unit said
  • The rupee closed almost unchanged at ₹94.925 against the US dollar on Monday after early gains faded as importers bought dollars and domestic equities weakened
  • Indian equities fell sharply on Monday, with the Sensex declining 876.37 points, or 1.17%, to close at 73,852.90 and the Nifty 50 losing 1.11% to finish at 22,888.95. Private-sector banks and information technology stocks led the decline as investors assessed quarterly earnings and elevated crude oil prices
  • India won 11 medals, including four gold, five silver and two bronze, on the opening day of the Asian Para Games in Aichi-Nagoya, Japan. Mona Agarwal won gold in the women's 10-metre air rifle event, Nishad Kumar topped the men's T47 long jump, Soumya won the women's 1,500 metres, and Rinku Hooda secured gold in the men's F46 javelin
  • Indian para-archer Sheetal Devi equalled the world record in the women's compound qualification round at the Asian Para Games, scoring 704 out of 720 and setting a new Asian record. The 19-year-old also helped India top the women's compound team qualification standings with a combined score of 1,379 alongside Payal
  • Ranji Trophy matches produced major batting performances on Monday, with Mumbai's Sarfaraz Khan scoring an unbeaten 139 against Himachal Pradesh and Delhi's Ayush Badoni making 217 against Gujarat after Priyansh Arya fell one run short of a double century
  • A new pressure group, calling itself Lal Hit Janata Party (reference to the cockroach repellant Lal Hit), held its first meeting in Delhi on Sunday. Formed to oppose Cockroach Janata Party and the Congress, the group said the CJP is destroying the nation's institutions
  • Kolkata Police arrested seven people, including office-bearers of the Chorbagan Durga Puja committee and private security personnel, in connection with Saturday's stampede that killed 19 people and injured 25. A case has been registered over alleged failures in crowd management, safety arrangements and the pandal's structural setup
Actor Tiger Shroff attacked: Unidentified gunmen on motorcycle fired 6 rounds at the car carrying Tiger Shroff, his driver and a fan sustained injuries /////// Tiger shroff escaped with minor abrasions /////// Lawrence Bishnoi gang members claimed responsibility
oppn parties
Even "Time-Tested" Laws Need To Be Re-Examined As Times Keep Changing

By Sunil Garodia
First publised on 2022-05-08 10:12:27

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Centre supported Section 124A of the IPC (commonly referred to as the sedition law) in the Supreme Court. In its opinion, there is no need to re-examine the Kedar Nath judgment as "instances of abuse of provision would never be a justification to reconsider a binding judgment". It further said that the court should provide a remedy that stops misuse without "doubting a longstanding settled law declared by a Constitution bench for about 6 decades".

The Centre is wrong on many counts. The need to take a relook at both the constitutional validity of Section 124A and the Kedar Nath judgment has arisen precisely because the Constitutional bench in 1962 had upheld the validity of the section and provided guidelines to prevent its misuse but in these 60 years, the guidelines have failed to have the necessary effect and the misuse of the section has not stopped. It is ironical that a regime that has accelerated and widened the misuse of the section is now saying that the court should provide further guidelines to prevent the misuse. If only successive governments had applied Section 124A in both letter and spirit and had treated the Kedar Nath judgment and the guidelines therein as binding, a situation where citizens have to plead before the Supreme Court to take a relook at the provision would not have arisen in the first place.

Further, society undergoes changes due to evolving cultural norms and introduction of technology, among many other reasons. Laws are also changed periodically to keep them up to date with emerging trends. Six decades is a long time and there is absolutely no harm if the apex court reconsiders the earlier judgment. The need to re-examine a "time-tested" law or judgment arises because times keep changing. There was no social media and mobile phones in 1962. Television had just made an appearance in late 1959 and only government sponsored news was broadcast.  Politics was not so utterly divided and polarized. In these six decades a lot has changed and infinitely more people are getting their voices heard through social media. Also, governments have become thin-skinned and cannot tolerate even constructive criticism, let alone outright dissent. Section 124A is now being so commonly used that it seems it is being used for petty crimes. The time is perfectly ripe for the Supreme Court to take another look whether Section 124A meets the constitutional test since the Kedar Nath judgment, which could not have anticipated the huge advancement in technology, has failed to prevent its growing misuse.