Maharashtra: FIR Against Dalit Activist For Reciting Faiz Ahmed Faiz’s ‘Hum Dekhenge’ Sparks Outrage Over Free Speech

Mumbai: The registration of an FIR for alleged sedition against Dalit activist Pushpa Sathidar and two to others by the Nagpur police for chanting the hugely popular song ``Hum dekhenge..." penned by internationally renowned Pakistani poet Faiz Ahmed Faiz has sparked a big controversy.

The Sitabuldi police have slapped sections 152 of the Bharatiya Nyay Sanhita (endangering the sovereignty and integrity of India), 196 (promoting enmity between different groups on grounds of religion) etc.

The irony is that this famous song is very much part of the hugely successful film ``Kashmir Files" which was watched by millions of people not long ago. The question being asked is if it is legal to have the song in a film cleared by the Censor Board, which comes under the Union government, how can the same song chanted at a public function be a threat to the sovereignty and integrity of the nation? The FIR was lodged on a complaint by a Nagpur citizen.

Advocate Gayatri Singh told the FPJ on Friday ``How does this completely harmless song amount to endangering national sovereignty? An offence is registered merely on a complaint by someone who has an ideologically differing viewpoint and without giving an iota of information as to whether an offence under the particular sections has indeed been committed or not.

``A song which personifies peace and communal harmony is looked upon as seditious when there is no reference to violence is indeed a dangerous trend. This has serious consequences to our right to even sing or express ourselves openly and without fear.The song itself has not been banned and has been used in films and other government Channels.

``When people were being arrested for sedition under section 124 the Supreme Court came down heavily on the State and deprecated the practice of people being arrested simply for voicing their criticism against state policies all in the name of sedition and stayed all trials with regard to this section.

``If any criticism of the government or singing a song amounts to sedition then we might as well remove freedom of speech and expression as a fundamental right from the Constitution Section 152 is being misused to suppress any form of opposition to government policies."

Said advocate Hitendra Gandhi ``The registration of FIR for the recitation of `Hum Dekhenge' at a memorial event is a troubling instance of selective legal enforcement. The same poem has been included in a censor-certified film, which underscores its artistic and lawful legitimacy. Invoking criminal provisions against a poetic expression not only undermines Article 19(1)(a) of the Constitution but also reflects a disturbing trend of using the law to stifle dissent and cultural freedom. Such actions raise serious concerns about the arbitrary application of legal provisions in a democratic society."