Sedition and its discontents

Sedition and its discontents

News

In recent times Activists, cartoonists and intellectuals have been arrested under Section 124-A of IPC

Important Facts

Section 124-A

1. Section 124-A deals with the offence of sedition.
2. The term sedition covers speech or writing, or any form of visible representation, which brings the government into hatred or contempt, or excites disaffection towards the government, or attempts to do so.
3. It is punishable with three years in prison or a life term.
4. It further states expressing disapproval of government measures or actions, with a view to getting them changed by lawful means, without promoting hatred or disaffection or contempt towards the government will not come under this section.

Background of the Section:

1. The concept of sedition was introduced in the penal code in 1870
2. It was a colonial law directed against strong criticism of the British administration.

Constitutional validity of Section 124-A

1. Two high courts had found it unconstitutional after Independence, as it violated the freedom of speech and expression.
2. The Constitution was amended to include ‘public order’ as one of the ‘reasonable restrictions’ on which free speech could be abridged by law.
3. Thereafter, the Supreme Court, in Kedar Nath Singh v. State of Bihar (1962) upheld the validity of Section 124-A

Criticisms

• Critics and activists have been demanding the scrapping of Section 124A on the grounds that the provision under the section is “overbroad”, i.e., it defines the offence in wide terms threatening the liberty of citizens.