Functions and Responsibilities of the Union and the States

General Studies Paper 2

Context: Sedition law in India

What is sedition law?

• The Indian Penal Code defines sedition (Section 124A) as an offence committed when “any person 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”.
• Disaffection includes disloyalty and all feelings of enmity. However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offence under this section.

History of Sedition Law in India

• In 1837: Thomas Macaulay (Famous for his Macaulay Minute on Indian Education 1835) drafted the Penal Code in 1837. Sedition was placed in the Penal Code 1837 as Section 113.
• British Raj in India had introduced this section on sedition under the title “Exciting Disaffection”.
• IPC Amendment Act of 1898: It made amendments to the changes brought through the Penal Code in 1870.
• The current Section 124A is said to be similar to the amendments made to it in 1898 with few omissions made in 1937, 1948, 1950, and by Part B States (Law) Act, 1951.

Arguments in support of Sedition law

• Section 124A of the IPC has its utility in combating anti-national, secessionist and terrorist elements.
• It protects the elected government from attempts to overthrow the government with violence and illegal means.
• The continued existence of the government established by law is an essential condition of the stability of the State.
• Many districts in different states face insurgency and rebel groups virtually run a parallel administration.
• These groups openly advocate the overthrow of the state government by revolution.
• Against this backdrop, the abolition of Section 124A would be ill-advised merely because it has been wrongly invoked in some highly publicized cases.

Arguments Against the Sedition Law

• The terms used under Section 124A like ‘disaffection’ are vague and subject to different interpretation
• As the seeds of sedition law were sown in colonial times, it is often described as a draconian law that can be used against what is otherwise is constitutionally guaranteed freedom of speech and expression
• Dissent and criticism of the government are essential ingredients of robust public debate in a vibrant democracy.
• Right to question, criticize and change rulers is very fundamental to the idea of democracy.
• It has an ill effect on constructive criticism. Therefore, sedition laws can demotivate legal and lawful criticism.
• To penalize the offender for disrupting public order, IPC and Unlawful Activities Prevention Act 2019 have provisions that can take care of the punishments.

 Relevant Supreme Court judgements

The Kedar Nath Singh vs State of Bihar case (1962)

• The court ruled that comments-however strongly worded-expressing disapprobation of the actions of the government without causing public disorder by acts of violence would not be penal.

The Balwant Singh vs State of Punjab (1995) case

• In this case, the Supreme Court had clarified that merely shouting slogans does not amount to sedition. Evidently, the sedition law is being both misunderstood and misused to muzzle dissent.

 Way ahead

it is time we define the limits of sedition. Provisions of 124A (sedition) and 153 (promoting enmity between classes) of the IPC require interpretation, particularly on the issue of the rights of press and free speech. India is the largest democracy of the world and the right to free speech and expression is an essential ingredient of democracy. The expression or thought that is not in consonance with the policy of the government of the day should not be considered as sedition Section 124A should not be misused as a tool to curb free speech. The SC caveat, given in Kedar Nath case, on prosecution under the law can check its misuse