Renowned author and activist Arundhati Roy faces prosecution under UAPA for sedition charges, highlighting the intersection of free speech and national security laws.
Arundhati Roy faces prosecution under UAPA for sedition charges
Arundhati Roy and Sheikh Showkat Hussain are currently facing UAPA charges for speeches they made in Delhi back in 2010. It’s quite a surprising turn of events considering the charges were invoked a whopping 14 years after the FIR was originally registered. The Delhi Lt Governor gave the green light for prosecution under IPC sections 153A, 153B, and 505 just last year.
The reason why these UAPA charges are making waves is because the sedition law, under which the charges were initially filed, is currently on hold. But with the UAPA in play, the courts are more likely to accept the charges. The UAPA actually gives authorities more power compared to regular criminal laws, with a punishment that can go up to seven years for advocating unlawful activities.
What exactly constitutes an “unlawful activity” under the UAPA? Well, it’s interesting to note that the definition includes phrases that are also found in the sedition provision. The Supreme Court has laid down some guidelines stating that while citizens have the right to criticize the government, it shouldn’t lead to violence or public disorder.
The whole saga began with an FIR filed back in 2010, which included charges of sedition and promoting enmity between different groups. The speeches in question were delivered at a conference organized by the ‘Committee for Release of Political Prisoners’ in New Delhi.
However, there are some legal hoops to jump through when it comes to UAPA cases. Section 45 (1) of the UAPA prevents courts from taking action without the government’s say-so. In fact, approval from a review committee is needed before the LG can greenlight prosecution under UAPA.
Sadly, two of the accused individuals in this case have passed away during the legal proceedings. Arundhati Roy, a celebrated author who won the Booker Prize for her novel ‘The God of Small Things’, is also a prominent figure known for her activism in human rights and environmental causes.
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