ARTICLE 370 LATEST NEWS: CRITICISM NOT AN OFFENCE

A major turning point in Indian history was the repeal of Article 370 of the Constitution on August 5, 2019. For several decades, the Jammu and Kashmir (J&K) region received special autonomous status by this section of the constitution. But across the country, there were many differing answers to its revocation. While some greeted it as a step toward advancement and integration, others noticed it as a contentious decision that aroused sensations of dissatisfaction and fear.

There has been a lot of discussion over this particular event, with opponents frequently referring to it as “black day”. However, as per article 370 latest news asserting that declaring the repeal of Article 370 a “black day” should not be taken offensively requires an in-depth examination of the implications and the bigger context.

Article 370 removal

• As per article 370 latest news, the Supreme Court’s Constitution bench has rendered a decision on a number of cases contesting the repeal of Article 370 and the division of the former state of Jammu and Kashmir into two Union territories.
  
• The highest court maintained the government’s decision to suspend Article 370 and ordered that the assembly hold elections by September 30 of the following year. The SC also affirmed Ladakh’s reorganization as a Union Territory.
  
• CJI Chandrachud stated that article 370 removal, which was repealed on August 5, 2019, was a temporary solution brought about by the war-torn conditions in the former state.
  
• Judges Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, Surya Kant, and Chief Justice of India DY Chandrachud made up the five-judge constitution bench that rendered the decision. On September 5, the Supreme Court postponed making a decision after hearing its arguments for sixteen days.

Criticism ofarticle 370 removal: Not an Offense

Facts of the Case:

• The professor was charged with a crime after posting two messages on his WhatsApp status: “August 5 Black Day (for) Jammu and Kashmir,” which alluded to the abrogation of Article 370, and “August 14 Happy Independence Day, Pakistan.”
• Professor Ahmed Hajam of Sanjay Ghodawat College in Kolhapur filed a case in the Supreme Court after the high court declined to overturn the police report that the Hatkanagale police station in the Kolhapur district had filed against him.
• He was a member of the college’s parent-teacher association’s WhatsApp group, and someone in the group had reported the incident to the police.

Issues in the Case:

• Does criticising Abrogation of Article 370 amount to offense under Section 153A of the Indian Penal Code?

Judgment of the Case:

As perabrogation of article 370 latest news:

• The Supreme Court in the case of Javed Ahmad Hajam v State of Maharashtra &Anr, declared that the termination of Jammu and Kashmir’s special status under Article 370 is a “black day” and wished Pakistan a happy Independence Day would not be considered an offense under section 153A ipc that encourages animosity between groups or communities based on religious differences on Thursday.
  
• section 153A ipc penalizes acts detrimental to maintaining harmony and inciting hatred between various groups on the basis of religion, race, place of birth, residence, language, etc. This carries a maximum three-year prison sentence, a fine, or both.
  
• In response to criticism of the repeal of Article 370, the Court stated that every citizen has the right to object to any government action and that a citizen’s criticism of a government decision does not subject them tosection 153A ipc.

Views by the Supreme Court on Abrogation of Article 370

The Appellant’s WhatsApp status featuring a picture of two barbed wires and the text “AUGUST 5- BLACK DAY – JAMMU & KASHMIR” below it, according to the Court, represents his personal opinion and response to the repeal of Article 370. It doesn’t indicate that you intend to do anything that Section 153A forbids. It is, at most, a protest, as protected by Article 19(1)(a) of his right to free speech and expression.

Every Indian citizen has the right to object to the action of rescinding Article 370 and changing Jammu and Kashmir’s status. Calling the day of the abrogation a “Black Day” is a way to express disapproval and suffering.

It is not insensitive to use the term the abrogation of Article 370 as a “black day” given that it symbolizes a variety of views and is concerned about the consequences of that decision. However, in order to tackle the justifiable grievances of all parties and create an improved future for the residents of Jammu and Kashmir throughout the context of a brought together and inclusive India, it is equally crucial to take part in productive discussions and attempts at reconciliation.

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