IPC section 124A sedition law to be repealed: Loksabha
On friday, Home minister Amit Shah said provision of sedition offences will be completely repealed in new bill replacing IPC.
What is IPC sedition law?
Sedition is a crime against the state and is dealt with in Section 124A of the Indian Penal Code. Sedition punishes any content that has the potential to incite violence or public disruption in the country by inciting hatred, contempt, or disaffection for the government.
Sedition is a cognizable , non bailable and non compoundable offeence under the law, entailing life imprisonment as maxmium punishment, with or without a fine
Individuals charged under sedition law are barred from government employment, forfeit their passports, and are required to appear in court as needed.
Who introduced the sedition law ?
The sedition law was first drafted by Thomas Macaulay in 1837 and was added to the Indian Penal Code (IPC) in 1870 by James Stephen as Section 124A
why need sedition law ?
- combating anti national, secessionist and terrorist elements.
- protects elected government from attempts to overthrow the government with voilence and illegal means like insurgency.
- In line with power of contempt accorded to court to protect its dignity.
- Maintain public order and to deter practice like civil war
What Supreme Court said on sedition law?
Kedar nath Vs state of Bihar, 1962: SC held that a citizen has a right to say or write whatever he likes about the government or its measures , by way of cricticism or comment, log as he does not incite people to violence.
As early as 1950, the SC in Romesh Thapar v State of Madras held that “criticism of the government exciting disaffection or bad feelings towards it, is not to be regarded as a justifying ground for restricting the freedom of expression and of the press, unless it is such as to undermine the security of or tend to overthrow the state.”
Subsequently, two high courts — the Punjab and Haryana High Court in Tara Singh Gopi Chand v. The State (1951), and the Allahabad High Court in Ram Nandan v. State of Uttar Pradesh (1959) — declared that Section 124A of the IPC was primarily a tool for colonial masters to quell discontent in the country and declared the provision unconstitutional.
What are the Issues with Sedition Law ?
- Reminiscence of Colonial Era:
- During British rule in India, sedition laws were used to imprison people who criticized British policies.
- Stand of Constituent Assembly:
- The Constituent Assembly did not agree to include sedition in the Constitution as the members felt it would curtail freedom of speech and expression.
- They argued that the sedition law can be turned into a weapon to suppress people’s legitimate and constitutionally guaranteed right to protest.
- Repressing Democratic Values:
- Increasingly, India is being described as an elected autocracy primarily because of the callous and calculated use of sedition law.