Historical Background:
Sedition laws originated in 17th-century England, where negative opinions of the government were considered harmful to the monarchy. The Indian Penal Code (IPC) enacted in 1860 did not initially include sedition, but it was later inserted as Section 124A in 1870 to address offenses related to sedition.
Sedition Law Today (Section 124A IPC):
- Sedition is now a crime in India, defined as using words, spoken or written, signs, visible representations, or other means to bring hatred, contempt, or disaffection towards the established government.
- Disaffection includes disloyalty and enmity, but comments without inciting hatred, contempt, or disaffection are not considered offenses.
Significance:
- Reasonable Restrictions: The Constitution of India allows reasonable restrictions (Article 19(2)) on the right to freedom of speech and expression for responsible exercise and equal availability to all citizens.
- Maintaining Unity & Integrity: Sedition law helps combat anti-national, secessionist, and terrorist elements.
- Maintaining Stability of State: It protects the elected government from violent attempts to overthrow it, ensuring stability.
Issues:
- Relic of Colonial Era: Sedition was misused by colonial administrators to suppress criticism of British policies, and even freedom fighters like Mahatma Gandhi and Jawaharlal Nehru were convicted under this law.
- Stand of Constituent Assembly: The Constituent Assembly did not support including sedition in the Constitution, fearing its misuse to curb freedom of speech and legitimate protests.
- Disregarding Supreme Court’s Judgement: The Supreme Court limited the application of sedition to acts inciting violence, but its misuse against academicians, activists, and students continues.
- Repressing Democratic Values: Misusing sedition contributes to the perception of India as an elected autocracy.
Recent Developments:
- In February 2021, the Supreme Court protected a political leader and journalists from arrest under multiple sedition FIRs.
- In June 2021, the SC protected two Telugu news channels from coercive action, emphasizing the need to define the limits of sedition.
- In July 2021, a petition sought a relook into the Sedition Law, and the court ruled that vague definitions of ‘disaffection towards Government’ restrict free expression unreasonably.
Way Forward:
- Sedition law is essential to combat anti-national elements, but dissent and criticism of the government are vital in a vibrant democracy.
- The higher judiciary should sensitize magistracy and police to constitutional provisions safeguarding free speech.
- The definition of sedition should be narrowed down to include only issues concerning territorial integrity and sovereignty.
- Civil society must raise awareness about the arbitrary use of the Sedition Law.
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