For some, it is a tool for maintaining state stability and combating anti-national elements. For others, it is an oppressive relic of colonial rule suppressing freedom of speech. The Sedition Law (Section 124A of the Indian Penal Code) has been a topic of considerable debate in India. With recent petitions challenging its constitutional validity and the government seeking time to respond, understanding sedition law – its history, current framework, significance and related issues becomes crucial.
A Historical Overview of Sedition Law
The roots of sedition law trace back to 17th century England, crafted to protect the government and monarchy against detrimental opinions. It was first drafted in 1837 by British historian-politician Thomas Macaulay but didn’t become part of the Indian Penal Code (IPC) until 1870. This insertion by Sir James Stephen was prompted by the requirement for a precise law to tackle offenses undermining the government.
The Current Framework of Sedition Law
Today, sedition is a crime under Section 124A of the IPC. This law deems any act that incites or attempts to incite hatred, contempt, or disloyalty towards the government as an offense. However, remarks not stimulating or intending to stimulate such sentiments do not fall under this section.
The consequences of committing sedition are severe. It ranges from imprisonment up to three years to a life term, coupled with a potential fine. A person charged under this law is also stripped of their passport and government job opportunity while being bound to court appearances as required.
Significance and Issues Surrounding Sedition Law
The sedition law plays a vital role in placing reasonable restrictions on freedom of speech and expression, maintaining unity and integrity of the nation, and safeguarding the government against violent and illegal threats. It is viewed as an essential instrument for sustaining state stability.
However, the law has its share of criticisms. It is seen as a remnant of colonial times when it was used to imprison those challenging British policies, including freedom struggle stalwarts like Lokmanya Tilak and Mahatma Gandhi. The fact that the Constituent Assembly refused to include sedition in the Constitution, fearing curtailment of free speech, adds to this critique.
Moreover, the law’s misuse to suppress legitimate protests goes against the Supreme Court’s verdict in the Kedar Nath Singh vs State of Bihar case 1962, which restricted its usage to acts intending to create disorder or incite violence. The rising cases of sedition charges against academics, lawyers, and activists further reinforce this issue. Such instances are arguably leading India towards being perceived as an elected autocracy.
Recent Developments Involving Sedition Law
In recent times, the Supreme Court has taken steps to protect individuals from arbitrary arrest under sedition law charges. In February 2021, it secured a political leader and six journalists accused of sharing unverified news. June 2021 saw the court safeguarding two Telugu news channels from punitive action by the Andhra Pradesh government, emphasizing setting sedition limits.
In July 2021, a petition was filed seeking a review of the Sedition Law. The court declared a statute criminalizing expression based on vague definitions like ‘disaffection towards Government’ as an unreasonable restriction on the fundamental right to free expression.
Way Forward
While Section 124A of the IPC plays a role in combating anti-national and terrorist elements, it is essential not to equate dissent and government criticism as sedition in a thriving democracy. The higher judiciary should sensitize police and the magistracy about constitutional free speech protections. Narrowing the definition of sedition to matters concerning the country’s territorial integrity and sovereignty could also be beneficial. Additionally, civil society should lead in raising awareness about the Sedition law’s arbitrary use.
