What is Sedition Law?

What’s in today’s article?

• Why in News?
• What is Sedition Law?
• Section 124A of IPC
• Law Commission’s Stance on Sedition Law
• News Summary

 

Why in News?

• The Law Commission, in its 22^nd report, has urged that the sedition law needs to be retained but certain amendments should be made for greater clarity regarding its usage.

 

What is Sedition Law?

• The penal law on sedition was drafted by British historian-politician Thomas Babington Macaulay in 1837.
• In the provisions of the law, sedition was defined as an act by “whoever, 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”.
• The colonial British government primarily used the sedition charge, which was included in Section 124A of the Indian penal code in 1870, to suppress the writings and speeches of Indian nationalists and freedom fighters to crush dissent.

 

Section 124A of IPC

• Under section 124A of IPC, sedition is a non-bailable offence, punishable with imprisonment from three years up to life, along with a fine.
• If a person is charged under section 124A of IPC, they are barred from all kinds of government jobs and their passport is seized by the government.
• Ironically, the British government abolished the controversial law in United Kingdom in 2010.

Law Commission’s Stance on Sedition Law

• The Law Commission of India in its report in 2018 opined that section 124A should be invoked only in cases where the intention behind any act is to disrupt public order or to overthrow the government with violence and illegal means.
• Further, it was suggested by the Commission that section 124A of IPC (sedition) must remain; however, it should be scrutinised whether the word ‘sedition’ could be substituted suitably with another word.

 

News Summary

• The Law Commission, in its 22^nd report, has urged that the sedition law needs to be retained but certain amendments should be made for greater clarity regarding its usage.
• The commission said sedition being a “colonial legacy” is not a valid ground for its repeal.
• However, the commission, in view of the misuse of Section 124A, has recommended that the Centre issue model guidelines to curb any misuse.
• The report said that in the absence of a provision like Section 124A of IPC, any expression that incites violence against the government would invariably be tried under the special laws and counter-terror legislation, which contain much more stringent provisions to deal with the accused.
• Any alleged misuse of Section 124A of IPC should be reined in by laying down adequate procedural safeguards.
• However, repealing the provision altogether can have “serious adverse ramifications for the security and integrity of the country, with the subversive forces getting a free hand to further their sinister agenda as a consequence”.

 

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Q1) When was the Indian Penal Code (IPC) drafted?

The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay.

 

Q2) What was the objective of Rowlatt Act of 1919?

The Rowlatt Act gave the British government in India to arrest any person without any trial.

 

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Source: Sedition law can be retained but with safeguards: Law Commission