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M Shastri
ThePrint
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Comments by "M Shastri" (@libshastra) on "Five key points from Supreme Court order on colonial sedition law used to jail Tilak, Gandhi" video.
IPC and CrPC is garbage but we weirdly celebrate as some kind of stroke of genius.
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@harishgoud3628 it's abused to squash dissent and genuine grievances against the courts. Today if I complain against constant adjournment by lower courts, the judge would promptly impose "contempt of court" against me.
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Well criticism is valid. The Supreme court is a bit of an unreliable narrator. When it feels like, it intrudes on executive powers and/or ignores precedent. Then the CJs all go on a tour lecturing people about privilege and duties. If the Judiciary did it's job properly and enforced it's own dictats then it would command the respect that desires. Unfortunately that is not how courts works today, quite often the courts choose to intrude rather than intervene. Regarding Uddhav Thackeray, courts again choose not to intervene and squash it's abuse. They can declare it unconstitutional but yet they don't. The courts are as complicit as politicians.
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Sedition act is one the catch laws that makes it super easy for politicians to harass citizens. However, even if Sedition act doesn't exist, there are plenty of egregious laws with disproportionate punishments in IPC that are being abused by politicians. IPC needs to be scrapped completely. In fact our laws treat imprisonment like candy (or freebies) and it punishes normal activities. For eg: CEO can be jailed for more than 10 years for not filing a Form. Also this is why labor laws need to be notified. It will decriminalize a lot of laws that are being abused to jail people.
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@harishgoud3628 you are talking about how it should work. I'm talking about how it works.
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@ILikeGoodMusic313 writing vague laws is not a stroke of genius. Writing laws that accounts that prevents abuse of it either through definitions with procedure or rule making is a stroke of genius. I'm sorry for a law student, you still seem stuck in that colonial mentality.
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