Saturday, August 18, 2012

People from NE states under threat; how the law seeks to punish people promoting disharmony

The past few days have seen a large exodus of people belonging to the north eastern states from Bangalore, Hyderabad, Mumbai, Chennai and other places, who have have been forced to flee because of possible threat to their lives. This is indeed a very sad situation as it weakens the fabric of our nation. Innocent people are made to suffer because of selfish interests of unscrupulous groups in our society who promote disharmony. I sincerely hope that people responsible for creating this havoc are caught and punished under the fullest extent possible by law. I also urge my brothers and sisters from the NE states to stand strong and not be disheartened because of the present situation. A majority of  the people of this nation stand united in their support and will not tolerate such discrimination.

For a long time, the law has had provisions to punish elements promoting disharmony and endangering national integration. Section 153A and 153B of the Indian Penal Code of 1860 address these issues. Section 153A deals with those "Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony" whereas Section 153B deals with " Imputations, assertions prejudicial to national integration". Both these are non-bailable offenses, with the punishment being 3 years of imprisonment, or fine, or both. While these provisions do exists, it is necessary to enforce these by catching the miscreants and make them stand trial.

For those interested, here are Sections 153A and 153B of the Indian Penal Code, 1860 -
153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever—
(a) By words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place or birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or
(b) Commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, 2[or]
(c) Organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence of knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, 
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
153B. Imputations, assertions prejudicial to national-integration.— (1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise, -
(a) Makes or publishes any imputation that any class of persons cannot, by reason or their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to Constitution of India as by law established or uphold the sovereignty and integrity of India, or 
(b) Asserts, counsels, advises, propagates or publishes that any class or persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied or deprived of their rights as citizens of India or 
(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or region­al group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons, 
shall be punished with imprisonment which may extend to three years, or with fine, or with both. 
(2) Whoever commits an offence specified in sub-section (1), in any place of worship or in any assembly engaged in the perform­ance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. 


 

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