SEDITION - POLITY

News: Order putting sedition law on hold to continue; SC grants time to Centre

 What's in the news?

       An interim order putting on hold the contentious sedition law and the consequential registration of FIRs will continue as the Supreme Court granted additional time to the Centre to take "appropriate steps" with regard to the reviewing of the colonial-era provision.

Sedition:

       Sedition is an offence incorporated into the Indian Penal Code (IPC) in 1870.

       Section 124A of the IPC defines says whoever by words either spoken or written or by signs or by visible representation attempts to bring into hatred or contempt, the government established by law; or whoever by the above means excites or attempts to excite disaffection towards the government established by law, has committed the offence of sedition.

Legal punishment for sedition:

Sedition is punishable by the following punishments:

       Sedition is a non-bailable offence. The punishment under Section 124A can range from three-year imprisonment to a life sentence, additionally fine.

       A person charged under this is barred from working for a government job.

       They are forced to live without their passports and must appear in court whenever they are required.

 Necessity of sedition:

1. Reasonable restrictions:

       The Indian constitution stipulates that reasonable restrictions (under Article 19(2)) can be put on this right at any time in order to guarantee that it is exercised responsibly and that it is equally available to all citizens.

2. Maintaining unity and integrity:

       The government can use the Sedition Act to combat anti-national, secessionist, and terrorist elements.

3. Maintaining stability of the state:

       It aids in the defense of the elected government against attempts to overturn it through violence and illegal means. The existence of government established by law is a necessary condition for the state's stability.

4. To combat left wing extremism:

       Many districts in different states face a Maoist insurgency and rebel groups virtually run a parallel administration. These groups openly advocate the overthrow of the state government by revolution.

Concerns of sedition in India:

1. Colonial-era relic:

       Sedition was employed by colonial administrators to imprison those who criticized British policies.

       Under British rule, stalwarts of the freedom movement such as Lokmanya Tilak, Mahatma Gandhi, Jawaharlal Nehru, Bhagat Singh, and others were convicted for "seditious" speeches, writings, and activities.

       As a result, the widespread use of the sedition law recalls the colonial era.

2. Constituent Assembly's stance:

       Sedition was not included in the Constitution by the Constituent Assembly.

       Members were concerned that it would restrict freedom of speech and expression.

       They argued that sedition law may be used as a weapon to restrict people's constitutionally guaranteed right to protest.

3. Disregarding the Supreme Court's decision:

       In the 1962 judgment of Kedar Nath Singh vs. State of Bihar, the Supreme Court limited the definition of sedition to "acts involving the intention or tendency to create disorder, disturbance of law and order, or incitement to violence."

       As a result, raising sedition charges against academics, lawyers, social activists, and students violates the Supreme Court's order.

4. Against freedom of speech:

       Section 124A has been invoked against activists, detractors, writers and even cartoonists on several occasion to suppress their freedom of speech and expression.

       Article 19 (1) of Indian constitution provide freedom of speech as a fundamental right. Section 124A is against Article 19 (1).

       Because of callous and the calculated use of sedition law, India is increasingly being described as an elected autocracy.

5. Improper definition:

       As pointed by the Law Commission of India, is that the definition of sedition does not take into consideration disaffection towards

       The Constitution

       The legislatures

       Administration of justice, all of which would be as disastrous to the security of the State.

6. Inconsistent with international conventions:

       India ratified the International Covenant on Civil and Political Rights (ICCPR) and misuse of sedition law under Section 124A and the arbitrary slapping of charges are inconsistent with the ICCPR.

7. Misused to curb dissent:

       Sedition has become the first refuge of a Government to still dissent. Criticism of a Government is not the same as exciting “disaffection towards the Government” or inciting rebellion against it.

       Dissent and criticism of the government are essential ingredients of robust public debate in a vibrant democracy.

 Way forward:

       India, being the largest democracy in the world, has to ensure its essential ingredients of free speech and expression. The expression or thought that is not in consonance with the policy of the government of the day should not be considered sedition.

       The Law Commission has rightly said, "an expression of frustration over the state of affairs cannot be treated as sedition". If a nation is not open to positive criticism, there would be no difference between the pre-and post-Independence eras.

       It is also essential to protect national integrity. Given the legal opinion and the views of the government in favour of the law, it is unlikely that Section 124A will be scrapped soon. However, it should not be misused as a tool to curb free speech.