Sedition law came into the news after the supreme court’s direction for the center and state to keep all the pending trials, appeals, and proceedings related to section 124A of the Indian penal code on hold. The Supreme court directed the central government to reconsider and re-examine the provision. The 152-year-old sedition law is suspended till the government reaches a possible solution for the supreme court’s direction.
What is Sedition Law?
The IPC section 124A defines sedition as ” Whoever by words, either spoken or written, or by sign, or by visible representation or otherwise, brings or attempts to excite disaffection towards the government established by law in India shall be punished (life imprisonment), to which fine may be added or with imprisonment which may extend to three years, to which penalty may be added, or with fine.
Simply put, it is the use of words or actions targeted to encourage people to be or act against a government. It is a criminal act in which person revolts against established authority in the form of treason or defamation. It includes all the feelings of enmity and disloyalty. It is a non-bailable offense.
History of Sedition Law:
- Sedition law was introduced in the 17th century by English lawmakers. They believed that only good thoughts related to the government should survive.
- The law was drafted in 1837 by Thomas Macaulay, a British historian but was omitted when the Indian penal code was enacted in 1860.
- In 1870, it was inserted by an amendment introduced by sir James Stephen when there was a need. The increasing Wahabi movement led by Syed Ahmed Barelvi between 1863 and 1870 forced them to bring sedition.
- It was majorly introduced to suppress the freedom struggle.
- The law was used against Bal Gangadhar Tilak and Mahatma Gandhi in 1922.
- In the 19th and 20th centuries, it was used against Indian political leaders involved in freedom struggles.
- Currently, sedition is a crime under section 124A of IPC.
- In the 1962 Kedar Nath Singh case, the supreme court upheld the validity of the sedition law. But it restricted the scope of misuse,
Sedition Laws in India:
The laws which cause sedition charges are:
- The Indian penal code,1860 (section 124A).
- The code of criminal procedure, 1973 (section 95).
- The seditious meeting act,1911.
- The Unlawful Activities prevention act (section 2 (0)(i offense under sedition law)
Punishment in Sedition Law:
- Sedition is a nonbailable offense.
- Punishable with imprisonment from 3 years up to a life sentence, fine, or both.
- A person with sedition charges is banned from a government job, and the government seizes their passport.
- The person with charges needs to present in front of the authority from time to time.
- Comments done for expressing disagreement to alter the law by lawful means and without encouraging hatred or contempt where the speaker’s intention is also considered do not come under sedition law.
Arguments Against Sedition Law:
- Violation of Fundamental Rights: It has been used against activists, writers, and cartoonists to silence them by accusing them of promoting disaffection. It violates the fundamental right of free speech and expression under Article 19.
- Colonial Law: The law was introduced against the freedom struggle by the Britishers. But even though Britain abolished this law 10 years ago, India is still practicing it.
- Inconsistent with Constituent Assembly: Constituent assembly was against this law as they believed it would diminish freedom of speech and expression. They considered it as a weapon to suppress people.
- Inconsistent with Supreme Court View: The SC in Kedar Nath Singh’s judgment told that incitement of violence and public disorder are significant criteria. But it has been invoked against lawyers, academians, and students.
Arguements in Favour of Sedition Law:
- Misuse of Free Speech: The government continued to contain the misuse of free speech to incite hatred and violence.
- India deals with the problem of Maoist and Naxalites. They openly speak about the throwing of government and taking away sedition law will give them more freedom to spread hatred.
- Elected governments are always a target for the opposition, and the opponent can use targeted violence and riots to overthrow the government. So to maintain the proper functioning of government, laws like this are essential.
The Credibility of the Sedition Law:
- Between 2016 and 2019, sedition cases rose by 160% to 93.
- The 2019 data show the cases rose by 25% and arrests by 41% over the previous year.
- Twenty-five sedition cases were filed against the anti-citizenship amendment, 22 after the Hathras gang rape case, and 27 after Pulwama.
- Only 3.3% is the conviction rate.
Significance of Sedition Law:
- It protects the existence of the government and gives stability to the government.
- Fundamental rights under Article 19 give us freedom of speech, organization,n, and other rights. But our constitution only functions in a way that is not sacrosanct. Sedition law protects from misuse of the Fundamental right.
- Sedition law protects the unity and integrity of the nation and takes a stand against anti-nationals who negatively influence the unity of the country.
Recommendation of Law Commission on Sedition Law:
- Law Commission had asked to rethink or repeal an article in 2018 with a view that every irresponsible free speech can’t be considered seditious.
- The country needs to be open to positive criticism as we are living in an independent India.
- Commission believed it is essential to protect national integrity but not at the cost of curbing the right to speech.
Supreme Court’s Stand on Sedition Law:
- Supreme court stayed the use of sedition law on 11th May 2022.
- The direction was given to not register any complaints under section 124A.
- Those who are in jail in earlier cases can apply for bail.
- Asked for re-examination from the central government and home ministry.
Recent Developments on Sedition Law:
- Sedition charge against a political leader and journalist for tweeting and sharing unverified news. The supreme court protected the journalist from arrest in Jan 2021.
- Supreme court decision on the petition filed for its constitutional, which the Home Ministry has considered to discuss and give a substantial solution.
- Prime minister on the eve Azadi ka Amrit Mahotsav said about the need to shed this colonial baggage.
Way Forward:
- The supreme court’s view on protecting the right to speech is essential for the successful functioning of democracy.
- The provision given by the law commission that positive criticism should not be considered seditious is essential for democracy.
- The higher court should use its vision and conclude sedition law.
- The protection of free speech is important for addressing citizens’ concerns.
Conclusion: A law like sedition can be used in large countries dealing with Naxalism, communalism, and Maoism. But a questionable part of this is increased misused. According to the law commission recommendation, it should be invoked only in cases where the real intention of any action is to disrupt public order or to overthrow the government. The need is to maintain a balance between freedom of speech and sedition.