{"id":56773,"date":"2020-03-06T19:00:00","date_gmt":"2020-03-06T13:30:00","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?p=56773"},"modified":"2020-03-06T16:24:13","modified_gmt":"2020-03-06T10:54:13","slug":"7-pm-should-the-sedition-law-be-scrapped-6th-march-2020","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/7-pm-should-the-sedition-law-be-scrapped-6th-march-2020\/","title":{"rendered":"7 PM | Should the sedition law be scrapped?| 6th March 2020"},"content":{"rendered":"\n<p><strong>Context:\n<\/strong>Sedition\nAct in Indian Penal Code (IPC).<\/p>\n\n\n\n<p><strong>More\nin news:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>On\nMarch 2, a 43-year-old man was charged with sedition after he allegedly chanted\npro-Pakistan slogans before the mini Vidhan Soudha at Kundapur in Karnataka\u2019s\nUdupi district. <\/li><li>Last\nmonth, the police arrested a school principal and a parent in Bidar, Karnataka,\nfor an allegedly seditious and inflammatory play against the Citizenship\n(Amendment) Act (CAA). <\/li><li>Over\nthe last few months, many people protesting against the CAA have been charged\nwith sedition across the country.<\/li><\/ul>\n\n\n\n<p><strong>Sedition\nLaw:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Section\n124A&nbsp;in The Indian Penal Code deals with Sedition.<\/li><li>The law\nmakes &#8220;words, either spoken or written, or by signs, or by visible\nrepresentation, or otherwise, brings or attempts to bring into hatred or\ncontempt, or excites or attempts to excite disaffection towards the government&#8221;\npunishable by law, a fine and a maximum punishment of life imprisonment.<\/li><li>Drafted\nby&nbsp;Thomas Macaulay, it was introduced in the 1870s, originally to deal\nwith &#8220;increasing Wahabi activities between 1863 and 1870 that posed a\nchallenge to the colonial government&#8221;.<\/li><li>In the\n19th and early 20th Centuries, the law was mainly used against Indian political\nleaders seeking independence from British rule.<\/li><li>Mahatma\nGandhi, who was charged with sedition, famously said the law was &#8220;designed\nto suppress the liberty of the citizen&#8221;.<\/li><li><strong>Punishment under 124A: <\/strong>Sedition\nis a cognisable, non-compoundable, and non-bailable offence, under which\nsentencing can be between three years to imprisonment for life. A person\ncharged under this law can&#8217;t apply for a government&nbsp;job. They have to live\nwithout their passport and must present themselves in the court as and when\nrequired.<\/li><li>The most famous victim\nof Sec 124A, tried in 1897, was Lokmanya Tilak for his writings in his\nnewspaper Kesari. He was sentenced to prison, as was Mahatma Gandhi for his\nwritings in Young India. Such cases reinforced the perception that this law was\nfor muzzling freedom of speech and expression, and browbeating government\u2019s\ncritics and activists.<\/li><li>In\n1962, the Supreme Court imposed limits on the use of the law, making incitement\nto violence a necessary condition.<\/li><\/ul>\n\n\n\n<p><strong>National\nCrime Records Bureau (NCRB) data on Sedition Law:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>The\nNational Crime Records Bureau (NCRB), though, has only been collecting separate\ndata on sedition cases since 2014. In 2014, there were 47 cases of sedition but\nthat number increased to 70 in 2018.<\/li><li>Data\nfrom the National Crime Records Bureau (NCRB) show that 194 cases of sedition\nhave been filed since the CAA was passed on December 11, 2019. More cases of\nsedition have been filed since December 11 than in the last three years put\ntogether, according to NCRB data.<\/li><li>However,\nthe data also show that while the number of sedition cases filed has been going\nup every year (numbers for sedition cases started being recorded from 2014) in\nthe last four years, only four cases actually resulted in conviction.&nbsp;<\/li><\/ul>\n\n\n\n<p><strong>Sedition\nlaws in international jurisdiction:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>The\nUnited Kingdom deleted the seditious libel through the Coroners and Justice\nAct, 2009.<\/li><li>In\nAustralia, following the recommendations of the Australian Law Reform\nCommission (ALRC) the term sedition was removed and replaced with references to\n&#8216;urging violence offenses&#8217;.<\/li><\/ul>\n\n\n\n<p><strong>Arguments\nin support of Section 124A:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Section\n124A of the IPC has its utility in combating anti-national, secessionist and\nterrorist elements<\/li><li>It\nprotects the elected government from attempts to overthrow the government with\nviolence and illegal means. The continued existence of the government\nestablished by law is an essential condition of the stability of the State<\/li><li>If\ncontempt of court invites penal action, contempt of government should also\nattract punishment<\/li><li>Many\ndistricts in different states face a Maoist insurgency and rebel groups\nvirtually run a parallel administration. These groups openly advocate the overthrow\nof the state government by revolution<\/li><li>Against\nthis backdrop, the abolition of Section 124A would be ill-advised merely\nbecause it has been wrongly invoked in some highly publicized cases<\/li><\/ul>\n\n\n\n<p><strong>Arguments\nagainst Section 124A:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Section\n124A is a relic of colonial legacy and unsuited in a democracy. It is a\nconstraint on the legitimate exercise of constitutionally guaranteed freedom of\nspeech and expression.<\/li><li>Dissent\nand criticism of the government are essential ingredients of robust public\ndebate in a vibrant democracy. They should not be constructed as sedition.\nRight to question, criticize and change rulers is very fundamental to the idea\nof democracy.<\/li><li>The\nBritish, who introduced sedition to oppress Indians, have themselves abolished\nthe law in their country. There is no reason, why should not India abolish this\nsection.<\/li><li>The\nterms used under Section 124A like &#8216;disaffection&#8217; are vague and subject to\ndifferent interpretation to the whims and fancies of the investigating\nofficers.<\/li><li>IPC and\nUnlawful Activities Prevention Act have provisions that penalize\n&#8220;disrupting the public order&#8221; or &#8220;overthrowing the government\nwith violence and illegal means&#8221;. These are sufficient for protecting the\nnational integrity. There is no need for Section 124A.<\/li><li>The\nsedition law is being misused as a tool to persecute political dissent. A wide\nand concentrated executive discretion is inbuilt into it which permits the\nblatant abuse.<\/li><li>In\n1979, India ratified the International Covenant on Civil and Political Rights\n(ICCPR), which sets forth internationally recognized standards for the\nprotection of freedom of expression. However, misuse of sedition and arbitrary\nslapping of charges are inconsistent with India&#8217;s international commitments.<\/li><\/ul>\n\n\n\n<p><strong>Different\nviewpoints:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Jawaharlal Nehru said, &#8220;The sooner we get rid of it the better&#8221;.<\/li><li><strong>Law Commission of India:<\/strong><ul><li>In August 2018, the Law Commission of India published a consultation paper recommending that it is time to re-think or repeal the Section 124A of the Indian Penal Code that deals with sedition.<\/li><li>In its 39th Report (1968), the Law Commission had rejected the idea of repealing the section.<\/li><li>In its 42nd Report (1971), the panel wanted the scope of the section to be expanded to cover the Constitution, the legislature and the judiciary, in addition to the government to be established by law, as institutions against which &#8216;disaffection&#8217; should not be tolerated.<\/li><li>In the recent consultation paper on the sedition, the Law Commission has suggested invoking 124A to only criminalize acts committed with the intention to disrupt public order or to overthrow the Government with violence and illegal means.<\/li><\/ul><\/li><li><strong>Supreme Court:<\/strong><ul><li>The constitutionality of sedition was challenged in the Supreme Court in <strong>Kedar Nath Vs State of Bihar (1962).<\/strong> The Court upheld the law on the basis that this power was required by the state to protect itself. However, it had added a vital caveat that &#8220;a person could be prosecuted for sedition only if his acts caused incitement to violence or intention or tendency to create public disorder or cause disturbance of public peace&#8221;.<\/li><li>The court held that &#8220;a citizen has a right to say or write whatever he likes about the Government, or its measures, by way of criticism or comment, so long as he does not incite people to violence against the Government established by law or with the intention of creating public disorder&#8221;.<\/li><li>In September 2016, the Supreme Court had reiterated these necessary safeguards and held that they should be followed by all authorities.<\/li><\/ul><\/li><\/ul>\n\n\n\n<p><strong>Way\nForward:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>Role of National Human Rights Commission: <\/strong>When a person start criticising the constitutional state of India, that is when he\/she invites the charge of sedition and even there the Supreme Court clearly says that there has to be a direct incitement to violence. So, sedition is a very specific and a very serious offence, and when it is used to silence and terrorise the ordinary citizen who is raising a grievance, it is terrorism by the state. The National Human Rights Commission is duty-bound to map all these misuses of the sedition law. It should make the Commissioner of Police of that State personally responsible.<\/li><li><strong>Role of Judiciary:<\/strong><ul><li>It falls on the judiciary to protect Articles 19 and Article 21 of the Constitution.\u00a0The time has come for the judiciary to set up a search committee in every State, and a particular judge of the High Court has to suo moto check each sedition case being filed. And if it is baseless, if it has been used to only terrorise the ordinary citizen expressing his views, it must be quashed without putting the onus on the citizen to come to the court.<\/li><li>Recently, Justice Kurian Joseph\u00a0 made some anguished remarks that the police is neither independent nor professional. So, it is the judiciary that has been charged with the job to stop such politicisation of Police. Our legal aid system is just not as robust as it should be. The problem is not with the section, but with its abuse.<\/li><\/ul><\/li><li><strong>Role of Parliament:<\/strong><ul><li>It is only Parliament that revoked a law like POTA [The Prevention of Terrorism Act, 2002], which was draconian and flagrantly misused. All these laws have always been upheld by the judiciary. It is only the parliamentarians, when they get a push from the public, who swing into action.\u00a0<\/li><li>A strong will of Parliament holds the key to get rid of this draconian colonial era law that has been used only to suppress the dissent.<\/li><\/ul><\/li><\/ul>\n\n\n\n<p><strong>Conclusion:<\/strong><\/p>\n\n\n\n<p>India is the\nlargest democracy of the world and the right to free speech and expression is\nan essential ingredient of democracy.&nbsp;Dissent is the lifeblood of\ndemocracy. But today when the stench of fascism looms large, exercising this\nconstitutional right can get one branded as anti-national, thrown behind bars\nor a lynch by mob waiting outside to teach you a lesson. Clearly, dissent,\ncriticism of government, questioning politicians, all of which are fundamental\nto a democracy, have come to be treated as sedition by the police and a section\nof the magistracy in the prevalent political order. Such terrorising of critics\nand protesters endangers the very idea of democracy. A law that has especially\ncome in handy for the self-proclaimed nationalists of our times to suppress\ndissent is the archaic colonial era sedition law.<strong>Source: <\/strong><a href=\"https:\/\/www.thehindu.com\/opinion\/op-ed\/should-the-sedition-law-be-scrapped\/article30993146.ece\">https:\/\/www.thehindu.com\/opinion\/op-ed\/should-the-sedition-law-be-scrapped\/article30993146.ece<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Context: Sedition Act in Indian Penal Code (IPC). More in news: On March 2, a 43-year-old man was charged with sedition after he allegedly chanted pro-Pakistan slogans before the mini Vidhan Soudha at Kundapur in Karnataka\u2019s Udupi district. Last month, the police arrested a school principal and a parent in Bidar, Karnataka, for an allegedly&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/7-pm-should-the-sedition-law-be-scrapped-6th-march-2020\/\">Continue reading <span class=\"screen-reader-text\">7 PM | Should the sedition law be scrapped?| 6th March 2020<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49370,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[130,9],"tags":[],"class_list":["post-56773","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-7-pm","category-public","entry"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/forumias.com\/blog\/wp-content\/uploads\/2019\/07\/7-PM.png?fit=1000%2C500&ssl=1","views":{"total":0,"cached_at":"","cached_date":1700311365},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/56773","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=56773"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/56773\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49370"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=56773"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=56773"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=56773"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}