THIRUVANANTHAPURAM: In a dubious distinction, Kerala ranked third among the states that registered the highest number of cases under 153 A, one of the most decrepited sections of the IPC, for promoting enmity between groups on grounds of religion, race, language etc. As per data tabled by the Home Ministry in parliament, 552 people were arrested under the section in the state between 2018 and 2020.
A colonial era relic, IPC 153 A has a history of abuse by the ruling dispensations to curb free speech and target political opponents. The cases charged under the section have one of the lowest conviction rates at 20.2 %, says the latest National Crime Records Bureau report. Such cases have the second highest police pendency rate of 64.3%, it says.
As per the data tabled in parliament, Kerala arrested 261 people in 2018, followed by 137 and 154 in the subsequent years, respectively. For the year 2018, Kerala had the most number of cases in the country. Kerala police sources claimed their figures fared better because of their proactive approach against deeds that could create divisions in the society. However, many refused to buy the police version and felt there was nothing to be proud about in applying a law that has been misused rampantly by successive regimes across the country.
Former Director of Prosecution V C Ismail said rampant use of IPC section 153 A itself is an embarrassment for a politically sensible state like Kerala. “We are hearing about these statistics at a time when we should be thinking whether we need to retain vestigial laws that we inherited from the colonial times,” Ismail said.
Any spoken or written word can be misconstrued by the police at the behest of their political bosses and booked under Section 153 A. “The sections such as 153 A and 124 A, which deal with sedition, have been rampantly misused by the police. The dreaded reality is that it can be used against anyone at any given time,” he said.
Rights activist Reny Ayline said the police have used Section 153A predominantly against people from marginalised sections and even booked activists, who wrote against the Hindutva elements on their social media accounts.
Veteran journalist and activist B R P Bhaskar said communal polarisation has been swiftly gaining ground in Kerala and that’s reflected in the rise in the number of cases under Section 153A. “Looking at the vitiating social atmosphere in Kerala, it’s not surprising that more such cases are coming up. That sort of offence are now happening more than it used to be and it’s a matter of grave concern. The state has a better tradition in terms of relation between different communities. People should come together and address the situation before it’s too late,” he added.