In the latest reports by the National Crime Records Bureau (NCRB), Assam has registered the highest number of sedition cases in India over the last eight years. Sedition law, Section 124A of the Indian Penal Code (IPC), is currently under intense scrutiny due to its increasing implementation.
Analysis of NCRB’s Findings
The NCRB data reveals that out of 475 sedition cases filed nationwide between 2014 and 2021, Assam alone accounted for 69 cases, or 14.52% of the total. Following Assam, Haryana reported the second-highest caseload with 42 cases, followed by Jharkhand (40), Karnataka (38), Andhra Pradesh (32), and Jammu and Kashmir (29). These six states collectively accounted for 250 cases – more than half of all sedition cases recorded in India during this period.
In 2021, 76 sedition cases were registered nationwide, a slight increase from the 73 recorded in 2020. Interestingly, there were states and Union Territories including Meghalaya, Mizoram, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, and Puducherry, that did not register even one sedition case over this eight-year period.
Understanding Sedition Law: It’s Background and Present State
Sedition laws were first enacted in 17th-century England when it was believed that bad opinions were detrimental to the government and monarchy. Thomas Macaulay, the British historian-politician, drafted the law in 1837, but it was omitted during the enactment of the Indian Penal Code (IPC) in 1860. The IPC incorporated Section 124A in 1870 through an amendment introduced by James Stephen. Currently, sedition is a non-bailable offence punishable with imprisonment ranging from three years to life, and may include a fine. A person charged under this law is barred from government employment, must surrender their passport and must appear in court as required.
Significance and Issues associated with Sedition Law
Sedition law plays a crucial role in maintaining the unity and integrity of the nation by combating anti-national, secessionist, and terrorist elements. It ensures stability by protecting the elected government from violent or illegal attempts at disruption. However, the law is considered a remnant of the colonial era and has been criticized for its potential misuse against citizens protesting legitimate grievances. The Constituent Assembly did not agree to include sedition in the Constitution due to concerns about curtailing freedom of speech and expression. This law’s implementation today is often viewed as disregarding the Supreme Court’s judgement in the Kedar Nath Singh vs State of Bihar case 1962.
Futures Direction of Sedition Law
Section 124A of the IPC serves a purpose in countering anti-national, secessionist, and terrorist activities. Nonetheless, it’s also essential to ensure that dissent and criticism of the government, which are integral to robust public debate in a vibrant democracy, are not labelled as sedition. Refining the definition of sedition to only include issues related to India’s territorial integrity and sovereignty can help prevent misuse. There’s a clear need for judiciary and civil society to come together to raise awareness about the arbitrary use of Sedition law.
Knowledge Check: Previous Year Questions from UPSC Civil Services Examination
A question from the 2015 examination – With reference to Rowlatt Satyagraha, study the following statements and select the correct answer using the code given below: (The Rowlatt Act was based on the recommendations of the Sedition Committee’, ‘In Rowlatt Satyagraha, Gandhiji tried to utilize the Home Rule League’, ‘Demonstrations against the arrival of Simon Commission coincided with Rowlatt Satyagraha’). The correct answer is (b) 1 and 2 only.
