Two days after defending the penal law on sedition in the Supreme Court, the Center on Monday said in a U-turn that it has decided to review the law, a move that has come on the basis of instructions from Prime Minister Narendra Modi himself.
Union Law Minister Kiren Rijiju on Monday said there has been a change in stance following Prime Minister Narendra Modi’s directive to re-evaluate the need for colonial legislation in the present times. Rijiju said the prime minister urged for the removal of the obsolete law.
The Center also told the Supreme Court that reviewing and repealing old laws is an ongoing process and the Indian government has already repealed 1,500 laws since 2014-15.
Amidst the Centre’s stand on the sedition law, Section 124A of the IPC, and the upcoming hearing in court of petitions challenging it, let us understand what exactly this British-era penal law is and why it poses legal challenges. lives.
What is sedition ‘law’
The colonial-era law on sedition was drafted in 1837 by the British historian-politician Thomas Babington Macaulay, who is considered to have been behind the introduction of the Western-style education system in India.
While the term “sedition law” is commonly used in the country, it is important to note that it is actually Section 124A of the Indian Penal Code (IPC) that deals with the offense of sedition and the term itself does not refer to section anywhere.
This means that what we call the sedition law is not a separate Act by Parliament but part of the IPC which covers all the important aspects of criminal law in India.
As defined by the Oxford Dictionary, sedition means “the use of words or actions that are intended to encourage people to oppose the government”.
Punishment under section 124A of IPC
As mentioned under section 124A of the Indian Penal Code (IPC), “Whoever, by words, either spoken or written, or by signs, or by visual representation, or otherwise, harbors hatred or contempt, or attempts to agitate or incite dissatisfaction with the Government established by law in India with imprisonment for life, to which fine may be added, or with imprisonment for a term which may extend to three years, to which fine may be added, or shall be punished with fine.
To break it down in simple words, anyone found guilty of committing a treasonous act – by words, spoken or written, signs or actions – shall be punished with imprisonment of either description for a term which may extend to three years and with fine under section 124A of the IPC. could. ,
Sedition is a non-bailable offence.
What exactly is the issue with the sedition law in India
One of the main problems with the sedition law is that it is poorly defined and can be interpreted in many ways, making it, what its opponents say, abuse and persecute political discontent for the government. is a simple tool.
What is considered to be an attempt to bring in “hatred or contempt” or “attempt to incite dissent” is nowhere explicitly defined in the official records, allowing the government and the police to charge a person with treason. Has the power to impose what they did or expressed. As part of their practice of free speech.
Over the years, many intellectuals, human rights activists, filmmakers, university teachers, students and journalists have been accused of sedition for raising their issues with the government or its policies.
In addition to the arguments against sedition that it takes away the right to question, criticize and replace the rulers, which is very fundamental to the idea of democracy, there are also those against it. If the British, who started sedition to oppress Indians, themselves abolished the law. In their country, there is no reason why India can’t do away with it.
What are the arguments in support of section 124A
While we share most of the challenges that the sedition law faces, there are some arguments in support of it. Proponents of Section 124A of the IPC are of the opinion that it is useful in dealing with anti-national, separatist and terrorist elements.
Another argument in support of the sedition law is that it protects the elected government from attempts to overthrow the government through violence and illegal means.
Recent treason cases
Writer Arundhati Roy, environmental activist Disha Ravi, journalist Siddiqui Kapan, activist activist Umar Khalid, Sharjeel Imam, Devangana Kalita, Natasha Narwal, Asif Iqbal Tanha, Gulfisha Khatoon, Ishrat Jahan, Safoora Zargar and Meeran Haider are the prominent faces accused of has gone. Rebellion.
While Arundhati Roy was charged with sedition for her controversial remarks on Kashmir, environmental activist Disha Ravi was charged with sharing a ‘toolkit’ for a global online campaign supporting farmers’ protests against the Centre’s three agricultural laws. He had to face charges of treason.
Journalist Siddiqui Kapan was booked under the provisions of the sedition law for his alleged links with the extremist Islamic organization Popular Front of India (PFI).
Meanwhile, there is a big cry over sedition cases against activists Umar Khalid, Sharjeel Imam, Devangana Kalita, Natasha Narwal, Asif Iqbal Tanha, Gulfisha Khatoon, Ishrat Jahan, Safoora Zargar and Meeran Haider for their alleged inflammatory comments during anti-citizenship law . Opposition to the Amendment Act (CAA) and ‘planned conspiracy’ to incite riots in Delhi in February 2020.
First known use of sedition and Supreme Court’s stand on the law
The first known instance of the use of the sedition law was in 1891 in the trial of newspaper editor Jogendra Chandra Bose.
Other prominent people against whom the law was used at that time are Bal Gangadhar Tilak, Mahatma Gandhi, Jawaharlal Nehru, Abul Kalam Azad and Vinayak Damodar.
This is not the first time that the constitutionality of sedition has been challenged in the Supreme Court. This was first raised by the court in the landmark case Kedar Nath v State of Bihar (1962). It was in this case that the court upheld the constitutional validity of the law on the grounds that the state needed this power to defend itself.
However, the court had made an important caveat that “a person can be prosecuted for sedition only if his or her acts are likely to encourage violence or have an intention or tendency to cause public disorder or cause breach of public peace.”
Current case in Supreme Court
The Supreme Court is set to hear on May 10 the sedition law filed separately by former Army officer SG Wombatkere, Editors Guild of India, TMC MP Mahua Moitra, NGO PUCL and some journalists.
A three-judge bench of Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli said on May 5 that it would hear arguments on the legal question on May 10 whether petitions challenging the colonial-era penal law on sedition should be referred. To a larger bench for reconsideration of the 1962 judgment of a five-judge Constitution Bench in Kedar Nath Singh case.
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