Loomio
Mon 30 Dec 2013 2:14PM

A Pirate Manifesto for India

PP Pirate Praveen Public Seen by 90

What would be the specific objectives we want to achieve?

Share your ideas.

B

Bady Tue 13 Dec 2016 8:26PM

great work @ryanlm. i have gone through the files you attached. will propose these in the permanent members group one by one in order to add them to the manifesto. :)

KVM

Kannan V M Tue 13 Dec 2016 8:50PM

From @ryanlm 's report and his solution, in short, i would like to present a five part solution
1) Transparency.
By implementing full digitalization(gradually) will improve the accountability and transparency of each and every action in public sector. Also these digitalized data should be publicly available, this should be easily available and should act as next level for RTI.

2) Decentralization of power
The large number of layers of power to get an approval is a major reason. Making power distributed in lower/local bodies(possibilities to be studied) can reduce corruption to an extend.

3) Auditing.
Adding a social auditing feature along with decentralization will improve the effect of previous action mentioned above.
Improving the efficiency of CVC and other means and reducing inside corruption. (methods to be discussed studying present structure and condition)

4) Employment Revolution
This includes strategic actions that will in result will decrease under employment and mostly under payment. Giving incentives based on their performance will also work in certain cases.
5) Education.
Even with good governance, without proper awareness and proper individual development of people, corruption will sustain. thats where education matters. it will not only make a aware citizen, but also a responsible one.

PP

Pirate Praveen Mon 19 Dec 2016 9:21AM

Stopping police abuse and bringing accountability https://www.loomio.org/d/FGkHziLb/comment/1217580 (linking the discussion that was started sometime back so its easy to find).

R

refpga Fri 1 Sep 2017 11:52AM

Oppose censorship of all kinds.

Particularly, we can start with this,
Section 95 in The Code Of Criminal Procedure, 1973
Power to declare certain publications forfeited and to issue search warrants for the same. Where-
(a) any newspaper, or book, or
(b) any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code (45 of 1860 ), the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any Magistrate may by warrant authorize any police officer not below the rank of sub- inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be.
https://indiankanoon.org/doc/875455/

It only appear to the govt. That is sufficient to ban the publication. Then the burden is on the Author/Publisher to run to a court and prove that It does not violate any of those sections. The default is against freedom of expression.

Also, the censorship imposed by court orders on websites, like archive.org, torrent websites etc.


Sections mentioned in the above :

Section 124A in The Indian Penal Code

101 [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, 102 [] the Government estab­lished by law in 103 [India], [] shall be punished with 104 [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.]
https://indiankanoon.org/doc/1641007/

Section 153A in The Indian Penal Code

157 [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 of 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 tranquillity, 2[or] 2[(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 or 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. Offence committed in place of worship, etc.—(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.]
https://indiankanoon.org/doc/345634/

Section 153B in The Indian Penal Code

160 [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 of their being members of any religious, ra­cial, language or regional group or caste or community, bear true faith and allegiance to the 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 of 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.]
https://indiankanoon.org/doc/771276/

Section 292 in The Indian Penal Code

260 [292. Sale, etc., of obscene books, etc.— 261 [
(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the pruri­ent interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.]
262 [(2) ] Whoever—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or
(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or
(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or
(e) offers or attempts to do any act which is an offence under this section, shall be punished 263 [on first conviction with im­prisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees].
264 [(Exception) —This section does not extend to—
(a) any book, pamphlet, paper, writing, drawing, painting, repre­sentation or figure— (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented on or in— (i) any ancient monument within the meaning of the Ancient Monu­ments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.]]
https://indiankanoon.org/doc/1704109/

Section 293 in The Code Of Criminal Procedure, 1973

  1. Reports of certain Government scientific experts. (1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code. (2) The Court may, if it thinks fit, summon and examine any such expert as to the subject- matter of his report. (3) Where any such expert is summoned by a Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific experts, namely:- (a) any Chemical Examiner or Assistant Chemical Examiner to Government; (b) the Chief Inspector of- Explosives; (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director 1 , Deputy Director or Assistant Director] of a Central Forensic Science Laboratory or a State Forensic Science Laboratory; (f) the Serologist to the Government. https://indiankanoon.org/doc/692331/

Section 295A in The Indian Penal Code

272 [295A. Deliberate and malicious acts, intended to outrage reli­gious feelings of any class by insulting its religion or reli­gious beliefs.—Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 273 [citizens of India], 274 [by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 4[three years], or with fine, or with both.]
https://indiankanoon.org/doc/1803184/


Here is an opinion post from the HIndu about the Section 95 of CrPC : http://www.thehindu.com/todays-paper/tp-opinion/the-architecture-of-censorship/article19505826.ece - Gautam Bhatia, a Delhi-based lawyer, the author of ‘Offend, Shock, or Disturb: Free Speech Under the Indian Constitution’

S

Smith_ai Fri 1 Sep 2017 12:31PM

idealogical censorship ?

S

Smith_ai Fri 1 Sep 2017 12:31PM

is it the same cpc by which aseem trivedi was harassed ?

PP

Pirate Praveen Fri 1 Sep 2017 12:42PM

No, Aseem was arrested under 66A of IT act and 124A

PP

Pirate Praveen Fri 1 Sep 2017 12:44PM

What do you propose? Repeal or amend it?

R

refpga Fri 1 Sep 2017 1:10PM

Scrap it. It (whether it violates those sections or not) should be the decision of a court, not govt.

R

refpga Fri 1 Sep 2017 1:15PM

idealogical censorship ?
Yes, Censorship of speech and expression of ideas (at least by the state) in all forms.

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