SEDITION LAW
ABSTRACT
The beauty of Democracy is it gives everyone freedom to express his views and thoughts. For a civilized society differences of opinions matter for its development, we can’t ensure the protection of rights of a minorities section in a society where dissenting views are seen as a threat to National Security. We understand that certain restrictions are necessary there is no absolute freedom of speech but you can’t suppress the criticism of the Government in the name of a threat to National security. It should be left to you to decide whether the criticism of Government means going against your nation?
INTRODUCTION
Section 124A of the Indian penal code deals with Sedition law, it was introduced by the British government in 1870 to suppress dissent in colonial times. However, the original draft of IPC 1860 does not contain the sedition law.
Section 124A states the following, “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which a fine may be added; or, with imprisonment which may extend to three years, to which a fine may be added; or, with fine.” It is a nonbailable offense. A person charged under this law can’t apply for a government job. The person has to live without his passport and he has to present himself before the court whenever required.
This law was used by the British government against our freedom fighters. The first known use of this law was against the newspaper editor Jogendra Chandra Bose in 1891. In 1922, even Gandhi was arrested on the charge of sedition for taking part in protests against the British government. He was sentenced to six years but later released after two years on medical grounds. Lokmanya tilak was also booked under sedition charge multiple times. He was sentenced to imprisonment for almost 7 years. Not only these two many freedom fighters were booked under this law Jawaharlal Nehru, Abul Kalam Azad, and Vinayak Damodar Savarkar.
WHY IN THE NEWS?
On 15 July 2021 in a plea filed by the Editors Guild of India and a former major general challenged the constitutional validity of section 124A of IPC. The bench headed by CJI N.V Ramana expressed his concern he said “The use of sedition is like giving a saw to the carpenter to cut a piece of wood and he uses it to cut the entire forest itself.” His remarks have once again debated the misuse of sedition law.
The CJI also concern about its low conviction rate which marks it as a mere tool for the political edge. In 2019, a total of 93 cases was registered under the sedition charge whereas in 2016 only 35 cases were booked. An augmentation of 165% in 2019. In those 93 cases of 2019, the conviction rate was merely 3.3%. according to National Crimes Records Bureau in 2019, 21 cases were closed due to lack of evidence, 2 cases were false cases and 6 cases was civil dispute matter.
Mahatma Gandhi described the sedition law as “ Prince among the political sections of the Indian penal code designed to suppress the liberty of the citizen.” Nehru described it as “highly objectionable and obnoxious” which “should have no place in any body of laws that we might pass”. Nehru said, “ The sooner we get rid of it the better” but the irony is that this law has survived from the Nehru era to the Modi era of Government.
In India some parts are emerging as sedition hotspots; Assam, Bihar, Jharkhand, and Haryana have more than half of the total sedition cases throughout the country from 2014 to 2018 according to the NCRB.
The apex court in Kedar Nath Singh vs State of Bihar 1962, limited the application of sedition charge to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”.
In Balwant Singh vs State of Punjab 1995, it was held that mere sloganeering which evoked no public response did not amount to sedition. However in February of 2020, in Bengaluru a 20-year-old journalism student Amulya Leona who began her speech with Pakistan zindabad in a CAA protest booked under sedition and spent 3 months in jail.
In January 2020, a play performed by school students of classes 4,5, and 6 in Shaheen Primary and High school in Bidar, the play questioned the need for CAA and NRC. A right-wing activist watched the video and filed a police complaint against the school management on the charges of sedition.
CONCLUSION
In 1979, India ratified the international convention on civil and political rights (ICCPR), which sets forth internationally recognized standards for the protection of freedom of expression. India is the largest Democracy and the right to freedom of expression and thought is a vital element of a healthy democratic nation. Section 124A is not a tool for suppressing dissent against the government, the higher judiciary should keep the check and balance on its arbitrariness. Does India still need a draconian colonial law to govern itself?
· The above views are solely the writer’s own opinion
Sources
· The Indian express
· The Hindu
· The Livemint
· Outlook India
· Times of India
· Indian kanoon
· Drishti Ias
Writer: Mayank Kumar
1st year BA LLB
Reva University, Bengaluru
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