Lately, we have been hearing and reading about the word “sedition” on TVs or newspapers. It has been trending recently amongst many students, professors, activists, writers, etc.
So, what is Sedition?
Indian Penal Code defines (section -124A) as an offence committed by someone, by their words written or spoken or otherwise, that brings or attempts to bring disaffection to the Government.
Punishment under sedition:
A non-bailable offence with imprisonment up to 3 years or life term, a penalty can also be attached. You can be barred from govt jobs, denied a passport, and have to appear in front to the courts, as and when required.
Historical background:
It was first introduced by Thomas Macaulay, a British politician in 1837, later dropped. However, the same was then re-introduced in 1870 by another Britisher, James Stephen.
Some famous Indian freedom fighters who were charged under the sedition law – Bal Gangadhar Tilak for publishing articles in “Kesari” and also Mahatama Gandhi for publishing three articles in young India magazine.
Gandhi said – “Affection can’t be manufactured or regulated by the law. If one has no affection for someone, one should be free to express their disaffection, as long as it doesn’t bring or incite violence.”
Arguments For Sedition Law:
- It curbs anti-national activities or elements
- Contempt of chosen Government must have some punishment
Arguments Against Sedition Law:
- This law has a British legacy attached to itself, and often it goes against Article 19, which gives freedom of speech and expression.
- Even the British abolished this law in their country.
- The term “disaffection” is extensive and subjective.
- I am confident we have several other laws under IPC to curb unlawful activities.
Supreme Court of India’s take:
The court upheld its constitutionality in the case of Kedar Nath vs. the state of Bihar. Having stated that, reasonable criticism of the Government could be made. When it doesn’t incite any violence.
Many countries have abolished this law:
Australia deleted this law.
Indonesia has declared sedition unconstitutional.
S. Korea also deleted the word sedition.
New Zealand removed the word sedition.
The law, in the above countries, was seen as a tool of oppression and was used by Governments to instil fear among its citizens by curbing free speech. It’s seen as a draconian law in many democracies old and new, so they removed it altogether.
There is a need to check this outdated law and its efficiency at large.
Nothing should happen in one go; we should have discussions over this charge, which often seen as misused by the politician of the day. Laws are evolutionary, and when the right time comes, things will fall into its places.