Numerous TV debates have harped on this point. Why single out one student, when a whole lot of others were shouting seditious-slogans? Why only in JNU, when you a tango with similar people in Kashmir? Well, Kanhaiya was (is) the leader of the JNUSU and was leading the crowd that day, when they called for destruction of India. That is good enough reason to put him behind bars. Whether he uttered those same very words from his own lips is not important. But, the legal issues go beyond that. Why make a single person (or just a few) pay for the crime of many?
Let's go back to the days, when music piracy was at its peak, five to ten years ago. Powered by peer-to-peer networks like the Limewire, BitTorrent or Napster, millions of young men and women, older ones too, downloaded and shared songs, which were copyrighted by record labels or music companies. It happened in India and many countries. But, in the USA, which prides itself on a tough regime of patents and copyrights (a great factor in its vibrant culture of innovation and creativity in academic, scientific, technological and entertainment fields), the record companies took the matter into their hands. They sued unknown millions for damages. Of course, it was technologically possible to list out each one of those anonymous downloaders and make them party in the legal battle. But, they narrowed down to just a few, out of which two cases are the most celebrated. The judiciary went along with this course.
Jamie Thomas-Rasset, a Woman from Minnesota was fined US$2,20,000 (RS. 1.5 Crores at today's exchange rate) for just 24 songs. She ended up paying US$9167 (Rs. 6.25 lakhs) per song. The case was filed by the Recording Industry Association of America and went up to the Supreme Court, which upheld the penalty.
The second case is of Joel Tenenbaum, a PhD student of Boston University, who ended up paying US$6,75,000 for just 30 songs or US$22,500 (Rs. 15.30 lakhs) apiece. The Supreme Court refused to even admit his appeal.
The argument that a single person should not be penalised since millions others were doing the same fell flat on the judges. The downloaders (pirates, actually) even argued that they would pay for the album, which they had copied, an amount of a few dollars. The judges were not impressed. They said that an example had to be made of them. They also said that the loss to the recording industry went far beyond just the loss of sale of one single album by the accused. Today, such blatant music piracy is virtually non-existent in the USA. One is scared of even making copies of CDs for one's friends.
Well, an example has to be made each of Kanhaiya Kumar and of SAR Geelani. And the damage they have caused goes far beyond mere an evening of slogan shouting and a seditious press-meet. Thank you.
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