Law Commission’s sedition recommendations: Silencing what’s left of dissent

Source: The post is based on the following articles

“Law Commission’s sedition recommendations: Silencing what’s left of dissent” published in the Indian Express on 7th June 2023.

“Doubling down on sedition” published in the Business Standard on 7th June 2023.

Syllabus: GS 2 – Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Relevance: About retaining sedition law.

News: The 22nd Law Commission has said that the sedition needs to be retained, but certain amendments could be made for greater clarity regarding its usage.

What is Sedition?

What are the Law Commission’s recommendations for retaining sedition law?

What are the reasons given by the committee for retaining sedition law?

What are the key judgements under the Sedition Law after Independence?

What are the concerns associated with Law Commission’s recommendations for retaining sedition law?

According to Kapil Sibal, a Member of Rajya Sabha, criticised the commission recommendations on the following issues,

Make sedition more discretionary: the imposition of harsher punishments and make the law even more vague and discretionary. For example, both “tendency” and “inclination” are nouns used interchangeably in the English dictionary; they are by their nature open to interpretation.

Law Commission has a conceptual confusion: The difference between criticism of the government and acts against the State, which is punishable under different legislative enactments, might be misunderstood by the Law Commission.

Silence the critics: In the recent past, the sedition law has been used to silence journalists, academics, political opponents, and students, including minorities. The Law Commission’s recommendations are intended to silence even the limited opposition and protests.

Make sedition more draconian: The recommendations seek to make sedition law even more draconian. Even a tendency or a mere inclination to incite violence or cause public disorder can come within the ambit of sedition.

Out of sync with democracy: The Indian Penal Code already has provisions, such as Section 153A, under which scores of protestors can be arrested without a warrant. So, the enhancement of the sedition law is out of sync with democracy as plural and argumentative as India’s.

Overall, the government should not accept the recommendations of the Law commission for retaining sedition.