The supreme court on May 11th restrained the centre and states from registering FIRs, continuing investigations and taking any coercive measures under Section 124A by freezing the colonial law of sedition. The three-judge bench led by the Chief Justice of India, NV Ramana said that if any fresh cases are registered under section 124A of the Indian Penal Code, the accused is free to approach the court concerned. Appeals and proceedings under section 124A have been suspended, however, proceedings under other sections of the law would continue. The Union Of India has been provided with the liberty to issue a directive to states and authorities to comply with the SC order.
This order came after the center, represented by the solicitor general Tushar Mehra acknowledged that the law is not in tune with the current times, is being misused and strictly requires a re-examination. However, the government urged the court to pause the hearing of the petitions that challenge Section 124A until the government has completed its reconsidering procedure. The bench refused to give a deadline for the reconsidering procedure perhaps because it will require a lengthy legislative process.
What Is Sedition Law?
Sedition law is a pre-independence law that came into being in the year 1970. It states that if there are words, signs, visible representation etc. that bring or attempt to bring hatred or contempt against the government, or excite disaffection or attempt to excite disaffection against the government are punishable with imprisonment to life, to which a fine can be added or with imprisonment which may extend to three years, to which fine may be added, or with fine.”
Bal Gangadhar Tilak was the first person to be convicted under this law in pre-independence because of the writings in his newspaper. Later, Mahatma Gandhi was convicted because of his writing in ‘Young India’. In the courts, he called Section 124A “the prince among the political sections of the IPC designed to suppress the liberty of the citizen”. Jawahar Lal Nehru called this law ‘obnoxious’ and ‘highly objectionable’. He also added that ‘the sooner we get rid of it, the better”.
What does the 1962 Kedar Nath Case say?
The Kedarnath case upheld the provision of sedition, establishing a relation between sedition and freedom of expression under article 19A. It also ruled that a person can be charged with sedition if there is ‘incitement of violence or ‘intention to create disorder’ .
Issues with the Provision:
Critics often say that of the cases filed under section 124A, what is missing is any ‘incitement of violence or ‘intention to create disorder’. The Supreme Court has also expressed the necessity to relook at the Kedar Nath judgement.
The misuse and abuse of the provision are very discernible to everyone. It is shocking that from 2016to 19, the number of sedition cases filed rose to 170% while the rate of conviction remained only 3%. This indicates that sedition is not to maintain peace and harmony in the society but to reassert political authority amongst common citizens who express dissent toward governmental policies or the government itself.
The sedition law was abolished by the UK itself in 2010. But this law persists in our nation to trample over the freedom of expression of the common population.
READ MORE – Sedition law: Supreme Court for hold till review
