Is cartoonist Aseem Trivedi's arrest just?

Corruption has unarguably become the largest hurdle in the development of our nation. People are fed up of this problem and it is good to see a lot of voices being raised against corruption. For a while now, there have been demands for strong legislation to tackle this problem. The problem arises when the same people demanding strong legislation break laws to have their voices heard. This seems to be case with Aseem Trivedi, whose latest set of cartoons have led to his arrest and subsequent judicial custody. Aseem Trivedi has been charged under Section 124A of the Indian Penal Code, 1860; Section 66A, Information Technology Act, 2000; and Section 2 of Prevention of Insults to National Honour Act, 1971. While Trivedi's actions might have been in good faith, it is necessary to realise that parodying national symbols is unlawful and that there are other effective ways to spread ones message. Our national symbols are a reflection of the true spirit of our Constitution and if these same symbols are perturbed or imitated then the sanctity of the Constitution gets damaged. 

I would like to invite comments from readers on this issue. But before doing so, I want to quote the articles under which Aseem Trivedi has been charged.

INDIAN PENAL CODE, 1860, Section 124A. Sedition 

124A. 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 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.

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.

THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971, Section 2. Insult to Indian National Flag and Constitution of India

Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows disrespect to or brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. 

Explanation 1 – Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section. 

Explanation 2 – The expression, “Indian National Flag” includes any picture, painting, drawing or photograph, or other visible representation of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance. 

Explanation 3 – The expression “public place” means any place intended for use by, or accessible to, the public and includes any public conveyance. 

Explanation 4 - The disrespect to the Indian National flag means and includes— 

(a) a gross affront or indignity offered to the Indian National Flag; or 

(b) dipping the Indian National Flag in salute to any person or thing; or 

(c) flying the Indian National Flag at half-mast except on occasions on which the Flag is flown at half-mast on public buildings in accordance with the instructions issued by the Government; or 2

(d) using the Indian National Flag as a drapery in any form whatsoever except in state funerals or armed forces or other para-military forces funerals; or 

(e) using the Indian National Flag:- 

(i) as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or 

(ii) by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or any dress material; or 

(f) putting any kind of inscription upon the Indian National Flag; or 

(g) using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals before the Indian National Flag is unfurled as part of celebrations on special occasions including the Republic Day or the Independence Day; or 

(h) using the Indian National Flag as covering for a statue or a monument or a speaker’s desk or a speaker’s platform; or 

(i) allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally; or 

(j) draping the Indian National Flag over the hood, top, and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; or 

(k) using the Indian National Flag as a covering for a building; or 

(l) intentionally displaying the Indian National Flag with the “saffron” down.

INFORMATION TECHNOLOGY ACT, 2000, Section 66A. Punishment for sending offensive messages through communication service, etc.
Any person who sends, by means of a computer resource or a communication device,-
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.