Dissent is the Voice of Democracy

“Historically the most terrible things: war, genocide and slavery –have resulted not from disobedience but from obedience.”

                                                                                        -Howard Zinn.

Meaning of Dissent

Such disobedience in legal language can be termed as Dissent. It means difference of opinion. Nothing more, nothing less than a mere difference, yet it is so powerful that even the strongest and the mightiest are frightened from this mere expression of difference. The reason being simple as a single act of dissent can change the entire history of a country.

The right to dissent is recognized indirectly by the constitution of India under Article 19(1) (a), 19(1) (b) and 19(1) (c) and strengthened by the Articles 14 and 21. The first three articles dealt with freedom of speech and expression, right to assemble peacefully without arms, right to form associations and unions.

The reasonable restrictions can be exercised on them under article 19(2) of constitution of India as long as it is exercised against the institutions falling under ‘State’ under Article 12.

Dissenters: The Creators of History

From religious to political spheres the only persons who are today remembered as the makers of history are no one other than the dissenters. Mahatma Buddha, Jesus Christ, Prophet Mohammad[PBUH], shri guru Nanak dev ji, shri Guru Govind Singh Ji all of them raise their voice against the tyranny of that time and the history stand as my evidence the tyrants of that time had been uprooted by them.

As far as political area is concerned Raja ram Mohan Roy, Karl Marx, bhagat Singh, lala lajpat rai, Mahatma Gandhi and all other freedom fighters raised their voice against the cruel regime of that time. Only their acts of dissent has brought the dawn of independence in this country. They themselves sacrificed themselves for our beautiful present. As Viktor E. Frankl said,

“What is to give light must endure burning.”

Dissent: The Mother of Great Revolutions around the World

“Reform is for the people who have government connection, revolution is for the people.”

                                                                                                -Malcolm X.

The Democratic regime and human rights that we enjoy today are the result of the revolutions led by the people who refused to obey the dictators.

The initial outcome of these movement might not be what was expected but still sooner or later they overturn the strongest regimes of their times. They reaffirmed the quote, “not all battles are fought for the victory, and some are fought to tell the world that someone was there on the battlefield.”

Laws That Govern the Freedom of Speech

Article 19(2) provides only reasonable restrictions that have nothing to do with silencing the voice of dissent. But often they are misused to curb the voice of dissent. The laws such as:

1. Section 124A of IPC, 1860 dealing with Sedition(now put on hold by the honorable supreme court)

An 1870 colonial law used to curd the voices of the freedom fighters of the country is based on the concept that government is only praise worthy entity and under this TRUTH IS THE NEW HATE SPEECH.  All voices against the government must be silenced. The first convict of this law in India was Bal Gangadhar Tilak in 1897.  Its validity has been challenged time and again and in the landmark judgment of

KEDAR NATH V. STATE OF BIHAR in 1962 it was held as valid.

2. Unlawful Activities (Prevention) Act, 1967

Any Indian or a foreign nationalist can be charged under it. And the sentence can ranged from life imprisonment to death penalty. The 2019 amendment provided certain individuals to be labeled as terrorists based to defined criteria in it.

CHALLENGES CREATED AMENDMENT

1. This amendment gave absolute power to the central government.
2. The notion of calling a person terrorist prior to conviction is clear cut violation of “innocent until proved guilty.”
3. Quite an often it has been used to curb dissent.

ON SUNNY SIDE

1. Speedy disposal of matters,
2. The burden of proof is on the investigating agency not on the accused.
3. SECTON 144 OF CrPC, 1973: this particular section has been used right now in such a way that the internet shut down is justified in it. During the farm law protest, on or near the agitation site it has been used quite a lot.

Out of 182 internets shutdown in 34 countries in the world India accounted for 106 during 2021, thereby topping the list of country having the highest number of shutdowns.

4. NATIONAL SECURITY ACT, 1980

Recent Incidents of Dissent In India

“It is dangerous to be right when the government is wrong.”

                                                                                                                  -Voltaire.

According to national Crime Records Bureau, between 2016 to 2019 the number of cases filed under sedition increased by 160% but the conviction rate dropped to 3.3% from 33.3%.

In the past couple of years the notable incidents of dissent that came to limelight are:

Lone Voices of Dissent In Judiciary

These are only a few of many notable cases in which the judge stand for what they think is right even it means standing alone. Because of their lone voices the right of people will be protected in the years to come. They were not different, they were just way ahead of their times.  Court is the only place where the rights of people are protected. As Deepak Gupta, justice stated in his lecture on 24.febuary.2020

“bar room is the most unholy place where nothing is sacred, no reputation so unimpeachable that it can’t be blown to smithereens, no personality so towering that it can’t be brought crashing down, no character so pure that it can’t be torn to shreds, no idea so holy , that it can’t be disagreed with . That is the essence of dissent. If anything, bar is a shrine for dissent.”

Analysis of the Recent Incidents

From all these protests, the farm law protest stands out in one aspect as most of the demands of the protesters have been accepted. But for this they have to pay a huge cost. Besides bearing the suffering of bone chilling winter to the scorching heat of the summer and living for more than a year on the roads without proper sanitary facilities and drainage system, they withstand the beating of police, tear gas, and utter humiliation by being called as terrorist, kalistani, fake farmers and so on. They have been jailed and charged under various laws. But the end result changed it all. If we go by the end results it means they have made all justified demands which is exactly why they won. So what would have happened if they didn’t stand for what they think is right and these laws were implemented. I left this for the readers to contemplate.

As a successful democracy requires a strong opposition, which the farm laws protest proved. But what about all those cases in which the opposition is not strong. The strength of dissent can be known from this movement. It is not a crime to think different from the majority.

Ways to Combat the Attack on Reasonable Dissent

1. Repeal of colonial laws: laws like sedition have been brought by the British government to suppress the voices that made the demand of independence. Britishers had long abolished this law in their own country, but still it prevails in the independent India. The Supreme Court made a landmark decision to put this law on hold.
2. Needs to redefine some words: we must understand that the government is not synonymous with the term nation. Disagreement with any policy of the government can also means that you are concerned about the welfare of the people of our nation. When the people make the government and choose the government, they have the right to question their policies and make them accountable for their decisions and actions. The greatest benefit of democracy is that it is the people that are supreme.
3. Attitude of people: we should raise our future generation in such a way that they can accept the fact that it is not necessary that all the people should think alike. The beauty of a bouquet lies in the flowers of different colors, the usefulness of a hand lies in having fingers of different sizes and so is the society. Our country takes great pride in being called as, “unity in Diversity.

Reasonable Restrictions on Dissent

1. Right and duty goes hand in hand: for every right there is a duty and vice- versa. If we have rights under Article 19(1) then we also have reasonable restrictions under Article 19(2).
2. Balanced approach: the Supreme Court has always stressed the need to maintain a balance between the right to protest and the government’s power to calm down the agitators.

SHAHEEN BAGH CASE

The honorable court held that indefinite occupation of public roads by the protestors unacceptable. But it still upholds the right of peaceful protest against the law.

3. Fake news: “either we rejoice because thorns have roses, or we grumble that roses have thorns.”

Same goes for social media. It is the best tool to provide the information but the greatest enemy of truth as the speed by which fake news travel on it is astonishing. It can either be a great servant or a dangerous master. Some check on it is needed, which doesn’t amount to suffocating the genuine voices of the people.

Parting Words

Dissent is the backbone of democracy. The mother of democratic regime is also dissent, because all across the world someone dared to raise their voice against the monarchy, autocracy or dictatorship. Someone saw a different dream where people would be sovereign, the people would frame the law and all the policies would be framed by them and for them. Rather than silencing these voices of difference we should encourage them as that’s how new ideas are come into being. And these dreams will take the shape of reality. All the privileges we enjoy today were just someone’s imagination yesterday. The importance of dissent is undeniable in the political sphere as only when we will be able to voice our opinions we can tell the policies we need, the reforms we desire and the laws that are the need of the hour.

As stated in the case of

RANGARAJAN V. P JAGJIVAN RAM 1989 SCR (2) 204, 1989 SCC (2) 574

Open criticism of the government policies and operations is not a ground for restricting expression. IN DEMOCRACY IT IS NOT NECESSARY THAT EVERYONE SHOULD SING THE SAME SONG.

So from next time onwards ask yourself one question

“Will dissent be permitted? The answer to this question will determine whether the society is free society or a fear society.”

                                                                  -NATAN SHARANSKY.

BIBLIOGRAPHY

1. https://blog.ipleaders.in/necessity-right-dissent-democratic-india/
2. https://thewire.in/law/right-to-dissent-constitution-justice-deepak-gupta
3. https://indianexpress.com/article/business/commodities/106-net-shutdowns-in-india-in-2021-7892346/
4. https://www.10pointer.com/current-affairs/right-to-dissent-is-hallmark-of-democracy
5. https://www.thehindu.com/opinion/freedom-from-sedition/article35916113.ece
6. https://aishwaryasandeep.com/2022/05/07/how-free-is-our-freedom-of-speech/

“This article is written by Daman preet kaur, a final year law student, pursuing law from Punjabi university, Patiala.” Note: The views in this article are personal only.