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Source: The post is based on the article “‘Sedition law must to retain India’s integrity” published in The Hindu on 28th June 2023
What is the News?
The 22nd Law Commission headed by Justice Awasthi has recommended retaining Sedition Law (Section 124A of the Indian Penal Code) with safeguards to prevent its misuse.
Note: At present, Sedition Law is under suspension following directions issued by the Supreme Court in 2022.
What is Sedition?
Why has the 22nd Law Commission recommended retaining Sedition Law?
Firstly, Sedition law is an important tool to safeguard the “safety and integrity of India” given the situation in many parts of the country, from Kashmir to Kerala and Punjab to the Northeast.
Secondly, special laws such as the Unlawful Activities (Prevention) Act (UAPA) and the National Security Act (NSA) operated in different fields and did not cover the offence of sedition and therefore, the specific law on sedition needed to be there too.
Thirdly, sedition law being a colonial legacy is not a valid ground for its repeal and several countries including the U.S., Canada, Australia, and Germany had their own such laws.
What are the recommendations given by the 22nd Law Commission to prevent the misuse of Sedition Law?
Procedural safeguards: Preliminary inquiry would be held by a police officer of the rank of inspector or above.
– The inquiry would be done within seven days from the occurrence of the incident and the preliminary inquiry report would be submitted to the competent government authority for permission for lodging of FIR in this regard.
– On the basis of the preliminary report, if the competent government authority finds any convincing evidence with regard to the commissioning of the offense of sedition, it may grant permission. It is only after the grant of permission that the FIR under Section 124A of the IPC shall be lodged.
Issue Guidelines: Central government may issue guidelines that are to be followed in case of the commission of a sedition offence and the said guidelines may clarify as to under what circumstances the said offence was committed.
Punishment Term: Under the existing provision of Section 124A, punishment can be up to three years imprisonment, with or without a fine, which may go up to imprisonment for life, with or without a fine.
– Law commission has recommended that this punishment of up to three years with or without a fine may be increased to seven years with or without a fine.
