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News:
- The Law Commission, for the third time in five decades trying to revisit section 124A
Important Facts:
2. Valid or intelligent criticism everywhere has been taken as a disaffection and disloyalty against the government
3. Section 124A has been invoked against activists, detractors, writers and even cartoonists on several occasion to suppress their freedom of speech and expression.
4. The Law Commission, for the third time in five decades is trying to revisit section 124A.
5. Questions has been put into public debate such as why India have such section which was introduced by Britishers to suppress freedom struggle and they themselves had abolished.
6. Law commission in its earlier report in 1961 had rejected idea of repealing and 1971 it wanted to extend the scope to includeConstitution, the legislature and the judiciary against which ‘disaffection’ should not be tolerated.
7. Wide definition is another objectionas it do not clear what action is harmful and what is not.
8. Presently, strong criticism against government policies and personalities, slogans voicing disapprobation of leaders etc. can attract sedition charges.
9. Recently incitement to violence or tendency to create public disorder which are the essential ingredients of the offence has been forgotten.
10. Sedition should not be seen as a reasonable restriction on freedom of speech on the ground to preserve public disorder.
11. Law commission has recommended to either repeal section 124A or amend it with limited scope.
