Sedition Law: A Threat To Indian Democracy

Chief Justice N.V. Ramana expressed his concern over the misuse of sedition law, “The use of sedition is like giving a saw to the carpenter to cut a piece of wood and he uses it to cut the entire forest itself.”

Sedition

Sedition as defined in Section 124A of the Indian Penal Code is a speech or expression that attempts to bring disaffection, hatred or contempt, attempts to excite disaffection towards or hatred towards the Government established by law in India.

• Such act or attempt may be done by words, either spoken or written or by signs or by visible representation such as art and pictures.
• It is a cognizable offence, which means that the investigation and arrest can be done by filing an FIR, even without bringing it to the notice of a judicial authority.
• It is also a non-bailable offence and the accused cannot get bail as a matter of right.
• The highest punishment given according to the law is life Imprisonment.

Origin and Evolution

• This law was enacted in 1860, under the British Raj, to suppress dissent and imprison freedom fighters such as Mahatma Gandhi and Bal Gangadhar Tilak who criticised the policies of the colonial administration.
• After Independence due to the efforts of K. M. Munshi and Sikh leader Bhupinder Singh Mann the word ‘sedition’ was omitted from the Constitution.
• However, this law was later re-imposed by the very controversial First Amendment that was passed by the government headed by the first Prime Minister Jawaharlal Nehru.

Need of Sedition Law in India

Though the offence of sedition is a colonial era invention, yet it is relevant even today because of the following reasons-

• Foster National Integration: It is a tool to maintain national integration and integrity. It is essential to protect and preserve the stability of the State and to prevent acts that aim to cause public disorder through violent means.
• Strengthen Internal Security: Various separatist tendencies are at work in India. India faces threats along its borders from the neighbouring countries as well as internal threats from the forces that may want disunity and breakup of the Indian state.
• Tackle Anti-nationalist Activities: Maoist insurgencies, anti-national elements and terrorist activities have to be tackled by stringent laws such as sedition.
• Preserve Government Stature: The Government is established according to the constitutional provisions. Therefore there must be limits on the contempt against a legitimate government.

Issues with Sedition Law

• Vague Definition: The sedition law is vaguely defined. The terms “bring into hatred or contempt” or “attempt to excite disaffection” can be interpreted in different ways.
• Chilling Effect on Freedom of Speech and Expression: Freedom of speech is now a cornerstone of any liberal and progressive democracy.The sedition laws have empowered the executive branch of the government to use the law as an instrument to regulate public opinion; indiscriminately wield power and instill a sense of compliance towards government policies in the citizens.
• Suppress Dissent: This law has been weaponised as a handy tool against political rivals, to suppress dissent and criticism.
• Instill Fear: The sedition laws are used indiscriminately to create fear amongst the citizens and silence any criticisms or dissent against the regime. The data provided by National Crime Records Bureau indicates that sedition cases have risen from 47 in 2014 to 93 in 2019, a massive 163 percent jump. However, the conversion rate from cases to conviction is a mere 3 per cent.
• Long Trial Process: Once arrested under the sedition law, it is extremely difficult to get bails as the trial process can be stretched for long. This leads to harassment of innocent people.
• Global Status: Most of the liberal and progressive democracies have already abolished the law. Sedition has been abolished by UK in 2009, the country which brought it in the first instance.

Supreme Court Judgments

In Romesh Thapar case of 1950, the Supreme Court stated that the sedition law is unconstitutional. This decision was later reversed by the Court in Kedar Nath case in 1962. In this case, the section was read down and it could be invoked only when there was a threat to security of state or public order through incitement to violence. Hence, it was mandated that any alleged act should only be called sedition when there is a link between the act and imminent incitement to violence.