The Supreme Court continues to hear the constitutional validity of Section 124A of the IPC making sedition or sedition a crime.
Till now the government seemed to be defending this law in the court, but now recently it has changed its stand and has filed an affidavit saying that it is ready to consider this law.
Meanwhile, the Supreme Court has put an interim stay on the sedition law and said that no new case will be registered under this law until the central government takes a final look at this law.
Today Current Affairs
What is the history of this law?
Actually this law first came in England. In the 17th century, when voices began to rise in England against the government and the empire, the law of sedition was brought to save its power. From there this law came to India.
The origin of the sedition law in India has its roots in the 19th century Wahhabi movement. The Wahhabi Movement was an Islamic revivalist movement started by Syed Ahmed Barelvi. However, at that time this law was not explicitly brought. The Hindu Analysis
Till the year 1859, there was no direct law on sedition. Later in 1860 this sedition law was made and then in 1870 it was included in the IPC.
Mahatma Gandhi was arrested under this law on March 18, 1922, during the non-cooperation movement in the freedom struggle. At that time Gandhiji had said about it, “I am gladly charged under section 124A. This law is perhaps the most important section of the IPC designed to suppress the liberties of citizens.
The truth was that this law was made by the British government so that they could rule over Indians more effectively and all the ways of raising voice against this exploitation by Indians could be closed.
In the 1890s, its language was made stricter, because the then British Attorney General believed that British citizens and Indians should not be given the same law. Today Current Affairs
At the present time, when any person, if by writing, speaking, indicating or expressing rebellion against the country or spreading hatred or any such attempt, then in such cases, section of the IPC- Case is made under 124A.
If a person is found guilty under this law, then he can be punished with maximum life imprisonment. Treason is a non-bailable offence. Under this law, the guilty can never get a government job.
Why are there possibilities of its misuse? The Hindu Analysis
In fact, questions have been raised about the clarity of the words used in Section-124A. Now due to lack of clarity, the possibilities of misuse of this law also increase.
Since law and order is a state subject, there are more cases of illegal use at the state level. Due to its misuse, this law often remains in discussion. One of the reasons behind protesting is that there are many arrests in this case, but very few are proved guilty.
Judiciary’s comment on this law : The Hindu Analysis
In the year 1962, in the case of Kedarnath vs State of Bihar, the Supreme Court had interpreted this law. Giving a historic decision, the Supreme Court of the country had agreed with the Federal Court of (British) India in the sedition case.
While limiting the scope of Section-124A, the Supreme Court had said that an act which has a tendency or intention to create disorder or to create disturbance in law and order or to encourage violence, only then a case of sedition can be registered, Along with it also said that merely criticizing the government or commenting on the administration does not constitute a case of sedition. The Hindu Analysis
Often ‘sedition’ and ‘sedition’ are taken as the same thing, but when there is defamation or contempt of the government it is called ‘sedition’ and when there is defamation or contempt of the country it is called ‘sedition’ In English it is called Sedition. In India only section 124A is used in both the cases.
In this regard, the Law Commission also said in its report on the subject of ‘sedition’ that criticism of the country or any aspect of it cannot be considered as sedition. The Hindu Analysis
This charge can be made only in cases where the intention is to overthrow the government through violence and illegal means. The commission pointed out that Britain, which added this section to the IPC, has already removed these provisions in its own country 13 years ago.
According to the National Crime Records Bureau (NCRB), 399 cases of sedition have been registered from 2014 to 2020. In these cases, 603 people have been arrested, whereas, only 13 people have been proved guilty.
In this regard, the recent case of late journalist Vinod Dua was very popular, because he was also acquitted by the court. Experts believe that when most of the people are getting released, it means that the cases are being filed wrongly.
Way ahead : The Hindu Analysis
According to experts, a clear line needs to be drawn between the right of expression provided under Article 19(1)(a) of the Indian Constitution and the sedition law.
In our country, the legislature has the right to make laws, amend or abolish them. In such a situation, the legislature will also prove to be the most important link to stop the misuse of the sedition law. In such a situation, it is expected from the government to reconsider this law that without affecting the unity, integrity and rights of citizens of the country, some positive results can come.
Here we mention all information about Section 124A of IPC Today Current Affairs.
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