Recently, the Supreme Court has suspended the sedition law and ordered the central and state governments not to register any sedition case under Section 124A of the Indian Penal Code (IPC).
It has also suspended pending trials, appeals and proceedings relating to sedition charges. According to the court, those against whom cases are registered under section 124A of sedition can approach the court for relief.
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The court has sought an answer from the government on this and IPC to the government. Permission was also given to review the provisions of section 124A. However, till the sedition law is reviewed, no case under section 124A can be registered or investigation can be done in it.
Editors Guild of India and Major General (Retd) S.G. The petition, filed by Wombatkere, states that the law has a ‘negative effect’ on freedom of expression and is an unreasonable restriction on freedom of expression, which is a fundamental right.
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Sedition law:
Historical background
This law was drafted in the year 1837 by the British historian and politician Thomas Babington Macaulay. Under this sedition was defined.
According to this- ‘If anyone, by words, either orally or in writing or by means of signs or by visual representation or otherwise, spreads hatred or contempt for the Government established by law in India or causes provocation and dissatisfaction’ Abets or attempts to do so, he may be charged with sedition.
British condition : The Hindu Analysis
Originally there was no sedition section in the Indian Penal Code, 1860. Macaulay’s draft of 1837 was amended in the year 1870 with the I.P.C. was added in the form of section 124A.
By amendment in the year 1898, the word ‘discontent’ was more defined and it also included ‘betrayal’ and ‘feeling of enmity’.
It was used primarily by the British colonial government to restrict the writings and speeches of prominent Indian freedom fighters.
Under this, leaders like Mahatma Gandhi (year 1922), Lokmanya Tilak (year 1898) and Jogendra Chandra Bose (year 1892) were tried under the sedition law for their comments on British rule.
Current status of punishment : The Hindu Analysis
Sedition is a non-bailable offense as per section 124A. It can be punishable with fine from three years to life imprisonment. Under this law, the accused person is also denied a government job and the government confiscates his passport.
It is noteworthy that the United Kingdom abolished sedition in the year 2010. However, parts of it exist in other laws relating to sedition.
View of law commission on sedition : The Hindu Analysis
According to the 2018 report of the Law Commission of India, the Constituent Assembly opposed the inclusion of sedition as a restriction on freedom of speech and expression under the erstwhile Article 13.
According to the commission, people should be free to show their affection towards the country in their own way. It also includes exposing the shortcomings of government policies, constructive criticism or debate.
According to the commission, section 124A should be invoked only in cases where the intention behind an act is to disturb public order or to try to destabilize the government by violence and illegal means.
The commission has appointed I.P.C. (Sedition) section 124A and to substitute the word ‘sedition’ with any other appropriate word.
Simultaneously, the commission has also urged for striking a balance between sedition and freedom of expression and appropriate safeguards against misuse of the sedition law.
Supreme Court’s stand : The Hindu Analysis
In the year 2021, the Chief Justice of the Supreme Court had said that sedition is a colonial law and it suppresses freedom.
According to him ‘I.P.C. The conviction rate under this section of the U.S. is very low and it is misused by the executive agencies.
However, the Supreme Court in the 1962 Kedar Nath Singh vs Government of Bihar case I.P.C. The constitutionality of Section 124A was upheld.
In Balwant Singh vs State of Punjab (1995) the Supreme Court had clarified that mere raising of slogans like ‘Khalistan Zindabad’ without any malicious intent is not sedition.
It is worth mentioning that I.P.C. Bills have been introduced in Parliament to remove or amend section 124A of the Act.
Status of sedition cases in the country : The Hindu Analysis
According to the National Crime Records Bureau (NCRB)-2020 report, 70 cases of sedition were registered in the year 2018 but no person was convicted.
In the year 2019, 93 cases were registered, out of which only two were convicted. In the year 2020, none of the 73 cases were found guilty of sedition.
In the year 2020, the highest number of sedition cases were registered in Manipur (15).
Here we mention all information about Sedition law Today Current Affairs.
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