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    Sedition in India

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    Anamika Yadav
    Sedition law in India criminalizes speech or actions that incite violence or public disorder against the government. While meant to preserve national integrity, the sedition law is controversial as it was introduced by the British to suppress dissent and is seen by some as restricting freedom of speech. It allows for imprisonment up to life and is considered by critics to be an overly broad and vague law that is inconsistently with civil liberties. There are calls to reform the law to restrict its application and reduce punishments.

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    Sedition in India

    Uploaded by

    Anamika Yadav
    69 views11 pages
    Sedition law in India criminalizes speech or actions that incite violence or public disorder against the government. While meant to preserve national integrity, the sedition law is controversial as it was introduced by the British to suppress dissent and is seen by some as restricting freedom of speech. It allows for imprisonment up to life and is considered by critics to be an overly broad and vague law that is inconsistently with civil liberties. There are calls to reform the law to restrict its application and reduce punishments.

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    Sedition law in India criminalizes speech or actions that incite violence or public disorder against the government. While meant to preserve national integrity, the sedition law is controversial as it was introduced by the British to suppress dissent and is seen by some as restricting freedom of speech. It allows for imprisonment up to life and is considered by critics to be an overly broad and vague law that is inconsistently with civil liberties. There are calls to reform the law to restrict its application and reduce punishments.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    69 views11 pages

    Sedition in India

    Uploaded by

    Anamika Yadav
    Sedition law in India criminalizes speech or actions that incite violence or public disorder against the government. While meant to preserve national integrity, the sedition law is controversial as it was introduced by the British to suppress dissent and is seen by some as restricting freedom of speech. It allows for imprisonment up to life and is considered by critics to be an overly broad and vague law that is inconsistently with civil liberties. There are calls to reform the law to restrict its application and reduce punishments.

    Copyright:

    © All Rights Reserved
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    Sedition in India

    Meaning of Sedition
    ● One of the cases our the ‘Right to Freedom of Speech and Expression’ can be
    restricted is in the case of Sedition.
    ● Sedition refers to overt actions, gestures or speech by a person in oral or written
    form which expresses his or her discontent against the established Government
    in the state, with the aim to incite violence or hatred against it.
    ● Section 124A of the Indian Penal Code, 1860 says that whoever, by spoken or
    written words, signs, etc. excites or attempts to excite hatred or disaffection
    towards the Government of India is said to have committed the crime of sedition.
    ● The cases of Reg. v. Alexander Martin Sullivan (1868), Queen-Empress v.
    Jogendra Chunder Bose (1891) and Queen Empress v. Bal Gangadhar Tilak (1897)
    were some of the first ones where sedition was defined and applied.
    Which activities are considered seditious?

    Some examples of activities that are considered seditious in nature-


    ● A group of people raising slogans against the Government of India.
    ● A speech made by a person that clearly incites violence or public disorder.
    ● Written work, like a newspaper article, which incites violence or public disorder.

    Punishment for Sedition

    ● A person convicted of sedition is punishable with either imprisonment ranging from 3 years
    to a lifetime, a fine, or both.
    ● Sedition is a cognisable offense i.e. the police can arrest a person accused of sedition
    without needing a warrant for the same.
    ● It is non-bailable i.e. a person arrested for sedition cannot be released on bail by the police
    as a matter of his right. He has to apply for bail before a court or a magistrate.
    ● It is non-compoundable i.e. it cannot be settled with a compromise between the accused
    and the victim.
    Origin of Sedition in India
    ● This law was first formulated in India by British historian-politician Thomas Macaulay in
    1837, but it was not included in the Indian Penal Code in 1860.
    ● In 1870, Section 124A was added to the IPC due to the rising radical Wahabi movement.
    Also, people were increasingly demanding more autonomy for India, which was against the
    interests of the British. Therefore, it sought to curb people’s speech and expression.
    ● Some of the most famous sedition cases during the British Raj involved charges against
    the leaders of the Indian Independence Movement.
    ● After Independence, the Constitution (First Amendment) Act, 1951 added the term “public
    order” to Article 19(2) which meant that a citizen’s freedom of speech and expression could
    be put under legislative restrictions to maintain public order and stability too. Thus, sedition
    was recognised as a crime.
    ● Since then, there have been numerous cases involving sedition where the courts have
    questioned its validity, but the Supreme Court in Kedar Nath Singh v. State of Bihar ruled in
    favour of this law. This continues to be the current stand of the court even today.
    Essential Ingredients of Section 124A
    The essential ingredients of sedition are:

    ● Words, Signs, Visible Representation, or Otherwise


    ● Brings or Attempts to bring into Hatred or Contempt, or Excites or
    Attempts to Excite Disaffection
    ● Government established by law

    However, expressing Disapprobation towards any measures or actions of


    the Government is not sedition, as clarified by Explanation 2 and 3 under
    Section 124A.
    Constitutional Validity of Section 124A
    ● In post-Independence India, Section 124A has come under criticism many
    times on the grounds that it curbs our ‘Freedom of Speech’. Many people
    have called it a tyrannic relic of the colonial times, questioning its existence
    in a free India based on the principles of democracy.
    ● In Tara Singh Gopi Chand v. the State (1951) and Ram Nandan v. the State
    (1959), the respective High Courts declared Section 124A ultra vires of the
    Constitution.
    ● However, in Kedar Nath Singh v. State of Bihar (1962), the Supreme Court
    upheld the Constitutional validity of this law, but clarified that a citizen is
    allowed to criticise the Government so long as he does not intend to cause
    public disorder or violence.
    Is Anti-Sedition a good law?
    Arguments in favour of Section 124A

    1. Preserves national integrity: This law is essential to protect and preserve the
    stability of the Government and to prevent speech and expression that aims to
    cause public disorder.
    2. Punishment for hostile activities: There are areas in the country that face
    hostile activities and insurgencies created by rebel groups who cause violence
    and attempt to establish parallel administrations in the areas.
    3. Contempt: The Government is an official authority provided for in the
    Constitution and established by law. Therefore, there must be restrictions on
    expressing unnecessary contempt or ridiculing the Government. If contempt of
    court invites penal action, then contempt of the Government should too.
    Arguments against Section 124A

    1. Colonial tool for suppression: The provision, established by the British, was aimed at
    suppressing resistance towards foreign rule. Mahatma Gandhi described this law as the
    "prince among the political sections of the Indian Penal Code designed to suppress the
    liberty of the citizen".
    2. Vague law: The law is vague, because it contains terms like “disaffection”, which cannot be
    clearly defined. Thus, the law can be interpreted differently as per the whims and interests
    of the authorities involved.
    3. Inconsistent with International Commitments: India has signed various international
    treaties and covenants, including the those which set forth international standards for the
    protection of freedom of expression in the world. However, misuse of sedition and arbitrary
    charges in India are inconsistent with such commitments.
    4. Unnecessary provision: There are other provisions in the Indian Penal Code and the
    Unlawful Activities (Prevention) Act. 1967 that criminalise "disrupting the public order" or
    "overthrowing the government with violence and illegal means". Therefore Section 124A is
    not required.
    Proposals for reform of Section 124A
    While the Anti-Sedition law may not be scrapped, it can be reformed to restrict
    its application. Some suggestions are:

    ● Restrictive Application: In Shreya Singhal v. Union of India (2015), the court


    declared that a line needed to be drawn between advocacy and incitement
    by the speech. The Constitution, through its guarantee of ‘Freedom of
    Speech and Expression’, permitted the state to restrict this right not when a
    person advocated the use of force or violation of law, but only when he
    incited or attempted to incite the same. Thus, this restricted the application
    of Section 124A.
    ● Reduction in Quantum of Punishment: The punishment for a person
    convicted of sedition should be made more reasonable, in accordance with
    the changing times. The crime of sedition in most cases does not warrant
    imprisonment up to a life sentence or other such harsh punishments. Unless
    the seditious actions have actually brought concrete damage to another,
    they should be dealt with more rationally.

    In 2018, the Law Commission of India published a consultation recommending


    that it was time to re-think or maybe even repeal Section 124A. It said that
    expressing frustration over the state of affairs could not be treated as sedition.
    At the same time though, the report said that if contempt of court invites
    punishment, then contempt of Government should too.
    Conclusion
    ● Sedition is, no doubt, a controversial concept and must be held in a delicate
    balance with our ‘Right to Freedom of Speech and Expression’.
    ● While no citizen should be allowed to spread unnecessary hatred among the
    masses and incite violence against the Government, every citizen should
    also possess the freedom to express their views on the Government.
    ● The arbitrary or unfair application of this law in some cases has increased
    criticism for it.
    ● In an era where the citizens are increasingly aware of their rights and
    liberties and have a growing sense of duty and responsibility in this
    democratic system, perhaps it is the perfect time to consider reform in this
    law.

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