Sedition Law
Historical Context:
- When parliamentarians in 17th-century England believed that only positive opinions of the government should endure because negative opinions were harmful to the government and monarchy, sedition laws were passed.
- Thomas Macaulay, a British historian and politician, first drafted the statute in 1837; nevertheless, it was mysteriously left out when the Indian Penal Code (IPC) was adopted in 1860.
- Sir James Stephen’s proposal, which saw the necessity for a special section to deal with the offence, led to the insertion of Section 124A in the law in 1870.
- Currently, Section 124A of the Indian Penal Code makes sedition a crime (IPC).
Current Sedition Law:
IPC Section 124A:
- Sedition is defined as an offence committed when “any person brings or seeks to bring into hatred or contempt, or inspires or attempts to incite disaffection toward the government constituted by law in India” through spoken or written words, signs, visible representations, or other means.
- Disloyalty and all hostile emotions are included in disaffection. However, statements that do not incite or seek to incite hatred, contempt, or disaffection shall not be considered violations of this clause.
- Penalties for the Sedition Offense:
- This offence is not subject to bail. The range of penalties under Section 124A is three years to life in prison, with the option of an additional fine.
- A individual accused of violating this law is prohibited from working for the government.
- They are obliged to live without their passports and appear in court whenever it is necessary.
Significance:
Suitable Limitations:
- In order to ensure its responsible exercise and to guarantee that it is equally available to all people, the Indian constitution specifies appropriate constraints (under Article 19(2)) that may always be imposed on this right (Freedom of Speech and Expression).
Upholding Integrity & Unity:
- The government uses the law against seditious activity to combat terrorism, secessionism, and other anti-national forces.
Keeping the State Stable:
- It aids in defending the elected government against attempts to overturn it via force and illicit means. An crucial requirement of the State’s stability is the continuous existence of the legal government.
Issues:
Colonial-era relic:
- Sedition was employed by colonial authorities to imprison anybody who opposed British policy.
- Under British control, prominent members of the liberation movement including Lokmanya Tilak, Mahatma Gandhi, Jawaharlal Nehru, Bhagat Singh, etc., were imprisoned for their “seditious” speeches, publications, and actions.
- Thus, the widespread application of the sedition legislation brings to mind colonial times.
Position of the Constituent Assembly:
- Sedition was not included in the Constitution by the Constituent Assembly. The members believed it would restrict their ability to express themselves freely.
- They stated that the sedition statute might be used as a tool to stifle people’s right to peacefully protest, which is protected by the constitution.
Notwithstanding the ruling of the Supreme Court:
- In Kedar Nath Singh v. State of Bihar, a 1962 decision decided by the Supreme Court, the term “sedition” was defined as “acts involving the intention or tendency to cause disorder, to upset law and order, or to encourage violence.”
- Therefore, it is against the Supreme Court’s ruling to bring sedition charges against academics, attorneys, socio-political activists, and students.
Repression of Democratic Principles:
- India is increasingly being referred to as an elected autocracy, mostly due to the callous and purposeful application of the sedition statute.
What recent developments are there?
- When numerous sedition FIRs were filed against a political figurehead and six leading journalists in February 2021, the Supreme Court (SC) spared them from incarceration on the grounds that they had allegedly tweeted and shared unconfirmed news.
- The SC placed emphasis on defining the parameters of sedition in June 2021 while defending two Telugu (language) news stations from coercive action by the Andhra Pradesh government.
- A petition asking the SC to review the Sedition Law was submitted in July 2021.
- “A statute criminalising expression based on unconstitutionally vague definitions of ‘disaffection towards Government’ etc. is an unreasonable restriction on the fundamental right to free expression guaranteed under Article 19 (1)(a) and causes constitutionally impermissible ‘Chilling Effect’ on speech,” the court ruled.
Steps to Take:
- The IPC’s Section 124A is useful in the fight against terrorist, separatist, and anti-national groups. However, opposition and criticism of the government are crucial components of a lively democracy’s public discourse. They shouldn’t be designed to be disruptive.
- The higher judiciary should make use of its oversight authority to educate the police and magistrates on the constitutional protections for free speech.
- The term “sedition” needs to be defined to exclusively refer to disagreements concerning India’s geographical integrity and national sovereignty.
- The initiative must come from civil society to spread awareness of the arbitrary application of the Sedition Act.
