SEDITION LAWS - POLITY

News: Re-examination of sedition law in motion, consultations in final stage, Govt informs SC

 

What's in the news?

       The government in the Supreme Court said it has initiated the "process of re-examination" of Section 124A (sedition) of the Indian Penal Code and consultations are in its "final stage".

 

Key takeaways:

       A judicial decision on the question of striking down Section 124A may require an examination of a 1962 Constitution Bench judgment in the Kedar Nath Singh case.

       This six-decade-old verdict of a five-judge Bench had upheld the legality of Section 124A though limiting its applicability to "activities involving incitement to violence or intention or tendency to create public disorder or cause disturbance of public peace".

 

Sedition:

       Sedition is an offence incorporated into the Section 124A of Indian Penal Code (IPC) in 1870.

       Section 124A of the IPC says that whoever by words either spoken or written or by signs attempts to bring into hatred or contempt or attempts to excite disaffection towards the government established by law, has committed the offence of sedition.

       The offence is punishable with imprisonment for life.

 

Why is Sedition - a concern?

1. Curbing dissent:

       It is very often under criticism because Centre and the States have invoked the section against activists, detractors, writers and even cartoonists seeking to silence political dissent by accusing dissenters of promoting disaffection.

       It has been invoked against several public personalities, particularly those critical of the government such as against Assamese scholar, Dr. Hiren Gohain, for allegedly saying at a public meeting that demand for sovereignty might arise if the Centre ignores the voices of the Assamese people against the Citizenship (Amendment) Bill.

       The main reason behind the continuation of the Sedition Act after independence was to prevent the misuse of free speech (reasonable restrictions) that would be aimed at inciting hatred and violence, but it is used to curb any dissent or criticism of government or government policies.

 

Need for Abolition of Sedition laws:

1. Colonial tool:

       It was introduced by the British to suppress the freedom struggle and its existence at present is not justified.

       Even, Britain itself abolished it 10 years ago, then why India still has the section alive.

 

2. Vague definition and terms:

       As pointed out by the Law Commission of India, is that the definition of sedition does not take into consideration disaffection towards

a.       the Constitution

b.      the legislatures and

c.       administration of justice, all of which would be as disastrous to the security of the State.

3. Against fundamental rights:

       Section 124A has been invoked against activists, detractors, writers and even cartoonists on several occasions to suppress their freedom of speech and expression.

       Article 19 (1) of the Indian constitution provides freedom of speech as a fundamental right. Section 124A is against Article 19 (1).

4. Inconsistent with International conventions:

       India ratified the International Covenant on Civil and Political Rights (ICCPR) and misuse of sedition law under Section 124A and the arbitrary slapping of charges are inconsistent with the ICCPR.

5. Stand of Constituent Assembly:

       The Constituent Assembly did not agree to include sedition in the Constitution. The members felt it would curtail freedom of speech and expression.

       They argued that the sedition law can be turned into a weapon to suppress people’s legitimate and constitutionally guaranteed right to protest.

6. Disregarding Supreme Court’s judgement:

       Supreme Court in Kedar Nath Singh vs State of Bihar case 1962, limited application of sedition to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”.

       Thus, invoking sedition charges against academicians, lawyers, socio political activists and students is in disregard of the Supreme Court’s order.

7. Repressing democratic values:

       Increasingly, India is being described as an elected autocracy primarily because of the callous and calculated use of sedition law.

 

Why Do Sedition Laws Need to be Re-examined and Continued?

1. Security of the nation:

       Maoist insurgency and rebel groups virtually run a parallel administration. it would be dangerous to abolish it.

       These groups openly advocate the overthrow of the state government by revolution. Thus keeping section 124A is important for Indian security.

2. Instability issues:

       Sometimes, propaganda and facts are modified and used to destabilize the country’s peace and polity by deliberately targeting government actions.

3. Misuse of fundamental rights:

       Freedom of speech is protected through Article 19 (1) but it is not unlimited. Sometimes speech is used as a tool to destabilize country polity and to promote enmity in society.

       The main reason behind the continuation of the Sedition act after independence was to prevent the misuse of free speech (reasonable restrictions) that would be aimed at inciting hatred and violence.

4. Maintaining unity and integrity:

       Sedition law helps the government in combating anti-national, secessionist and terrorist elements.

 

WAY FORWARD:

       India is the largest democracy in the world and the right to free speech and expression is an essential ingredient of democracy.

       The definition of sedition should be narrowed down, to include only the issues pertaining to the territorial integrity of India as well as the sovereignty of the country.

       Section 124A should not be misused as a tool to curb free speech. Every irresponsible exercise of the right to free speech and expression cannot be termed seditious. While it is essential to protect national integrity, it should not be misused as a tool to curb free speech.

       Dissent and criticism are essential ingredients of a robust public debate on policy issues as part of a vibrant democracy. Therefore, every restriction on free speech and expression must be carefully scrutinized to avoid unwarranted restrictions.

       The Law Commission recommended striking a balance between sedition and the right to free speech, and providing safeguards against the use of charges of sedition.