Sedition Law - IPC Section 124A
Table of Contents
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Why is it in the news recently ?
A petition was filed in the Supreme Court challenging the validity of sedition. The same hearing was held and given their opinion on 11th May 2022 by the 3 judge bench.
What is IPC 124 ?
Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to 3 years, to which fine may be added, or with fine. Before independence, it was a non-cognizable offense but for the first time in India during the tenure of Prime Minister Indira Gandhi in 1973 made sedition a cognisabloffensece that is, arrest without a warrant was now permissible.
Why was it enforced ?
1) In colonial government British want to control the nationalist.
2) They don’t want to let the people think about Independent India.
3) So, whoever tries to feed the word “Independence” to the people of India, the British want to take strict actions against them.
How has it evolved over the time ?
1) Way back in 1837 Thomas Macule drafted the Indian Penal for the government of Britain in India (which is the East Indian Company).
2) But the drafted IPC was not implemented immediately.
3) In the year 1857 due to massive riots in India against the East Indian Company, the British decided to implement IPC to control the Indians by punishing them for their acts.
4) In the year 1859 Thomas Macule died and in 1860 IPC was implemented. (But the sedition is not part of this Implementation).
5) Again in 1870 IPC was modified and Sce124 was added to it. (we can assume that sedition was added to suppress the Wahhabi movement at that time).
Even before Independent India, our famous leaders Bal Gangadhar Tilak (due to his newspaper articles in Kesari) were convicted twice and Mahatma Gandhi once was convicted under sedition and imprisoned.
Even after Independent India, this law continued, and over the period many cases were filed under it, just because people tried to question and express their disaffection toward the government whether knowingly or unknowingly.
Important Supreme court verdicts :
With the enforcement of Fundamental Rights in our constitution, we have a sovereign right to express our own feeling in our own way which is Art 19 Freedom of Speech and Expression. But the sad thing is that it is always used to contradict the IPC Sec124A (sedition).
124A is not a ground to control our right which is Freedom of Speech and expression. But if our words or our activities incite the people to do violence against the government established by law then it will come under sedition.
1) Romesh Thapar Vs State of Madras Case (1950)
a) The Supreme Court said every Indian citizen has a right to freely express their feelings under Article 19, and even the press has more responsibility to educate the people.
b) The Supreme Court declared that unless the freedom of speech and expression threatens the security o or tends to overthrow the State, any law imposing restriction upon the same would not fall within the purview of Article 19(2) of the Constitution.
c) So the Supreme Court dismissed the case against Thappar. Due to this “Public Order” was added to the constitution under a reasonable restriction list for Freedom of Speech and Expression.
2) Ram Manohar Lohia Judgement (1951)
a) In this case, SC said the activities which will incite the violence immediately will come under sedition. Remaining activities which may become a cause of violence in the future means it won’t come under sedition.
3) Kedar Nath Singh Vs State of Bihar Case (1962)
a) The first case in Independent India where Sedition was upheld.
b) The Supreme Court upheld the constitutional validity of the sedition law, it attempted to restrict its scope for misuse. The court held that unless accompanied by incitement or call for violence, criticism of the government cannot be considered sedition.
c) 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.
d) And even stated that in view of Article 19(2), such restriction is necessary for the integrity and security of the state.
4) Balwant Singh Vs State of Punjab Case (1995)
a) Here the Supreme Court said Slogans against the Government can not come under Sedition unless it incites violence.
NCRB report on sedition :
Do you believe, the cases which were filed under sedition, convicted people’s percentage is just 3.3% according to NCRB reports, which clearly defines the Misuse of IPC 124A in our own country by our own people example cases below.
Recent Cases under Sedition :
1) Arundhati Roy Case
2) Pathalgadi Case in Jharkhand
3) Disha Ravi Case
4) JNU Student's Case
5) Aseem Trivedi Case
6) Vinod Dau’s Case
7) AP Political Leader Rama Krishna Raju Case etc..
Law Commission suggestions on sedition :
1) Commission in its 39th report 1968 suggested that "offenses like sedition should be punishable either with imprisonment for life or with rigorous or simple imprisonment which may extend to three years, but not more".
2) In 1971, the 42nd report commission suggested: "maximum punishment for sedition at 7 years rigorous imprisonment and fine". But this proposal was not accepted by the government.
3) The 43rd report of the commission dealt with the National Security Bill 1971, under which sec39 mentioned sedition which was merely a reiteration of the revised proposal of the commission's 42nd report suggestion on sedition.
Arguments in favour to sedition law :
1) It is required to punish the people who always trying to disturb the peace, integrity, and tranquility of the state such as terrorists, Naxals, and nationalists.
2) To control the intentional activities of the opponents to the government.
3) To bypass the activities which are threatened to the safety and security of the people.
4) If the contempt of the court comes under sedition then why can't contempt of the government come under sedition ?
Arguments against the sedition law :
1) In a democratic country like India why can't we have a right to question the loopholes of the government ?
2) Why are we still following the law which was implemented long back to curt the voices of our citizens ?
3) We have laws like the National Security Bill, and UAPA to deal with cases that are unlawful in nature. Then why still do we need sec124A ?
4) The Supreme Court dismissed Sec 66 A of IT Act 2020 in the Shreya Singhal Vs Union of India case to uphold Art 19, then why can't IPC 124A ?
5) Pandit Jawaharlal Nehru mentioned in his speech(1951) at the 1st CAA time: “Sedition is misused by the British government, so sooner we get rid of it”, but still we are waiting for the time ?
Sedition law in other countries :
In the year 2009, the British Government dismissed its sedition law to protect their people's rights. In the same way, US, New Zealand, Australia, and the US amended their constitutions to enhance their citizen's freedom. “In final we too on the same path and boosted the word Freedom”
Current standpoint of the Supreme Court on sedition :
After considering all these issues and arguments finally petitions filed in the Supreme court by Retired Army General S.G. Vombatkere and others by the Editors Guild of India, Arun Showri, Mahuma Moyitra, Anil Chamadiya, Mukhim, Anuradha, Assam Journalist Union to examine the Sedition and removal of its provision from IPC.
On 11th May 2022 our most conspiracy IPC Sec124A came to the consideration and our Honourable Chief Justice of India N.V. Ramana, Justice Surya Kant, and Hima Kohli put a hold on the 152 years old law.
Points included in Supreme Court Judgement:
1) SC asked the Centre to re-examine the sedition law.
2) Until the re-examination completes, don’t file new cases, if in case of any cases are filed, victims can approach the court to get relief from those provisions, and courts can consider this present stay on sedition and act accordingly.
3) Already filled cases will also be on hold until further notice.
4) The persons who were already in jail can approach the courts for the bails.
5) If a person is convicted under other than the sedition laws those continue as it is.
Current Standpoint of Government on sedition :
1) The Solicitor General of India Tushar Mohata stated that "sedition law should not be stopped until the re-examination completes".
2) And even the SGI proposed that police officials with the minimum rank of SP can examine the case before filing under sedition. But the court did not agree with those arguments.
Wayforward :
1) Section 124A should be invoked only in cases where the intention behind any act is to disrupt public order or to overthrow the Government with violence and illegal means.
2) Every restriction on free speech and expression must be carefully scrutinized to avoid unwarranted restrictions.
3) Government should collaborate with all the stakeholders such as journalists, activists, officials, and the public to modify and amend the sedition act without contradicting the Freedom of Speech.
4) Freedom of speech helps the balance and stability in the country, if there won't be any questions means there won't be any proper improvement.
5) The right to question should not be suppressed with the fear of punishment, instead, the IPC 124A government can utilize the other laws which will deal with unlawful activities such as NSB, UAPA, etc.
Article Contributed By :
Ravi Devagudi
