Section 124A of the Indian Penal Code defines sedition as an offence committed when a person incites or seeks to incite hatred or contempt for the government constituted by law in India through words, whether spoken or written, signs, visible representation, or otherwise. The British Government established the law when it ruled India in 1837.
The law has sparked debate and criticism because of the potential for authorities to use it to silence dissenting voices. The maximum penalty for sedition is life imprisonment.
Origin of Sedition Law in India
The sedition law has been widely used throughout the world, including by many successive governments in India. In England, the law of sedition has been in effect since 1590. It arrived in India with the British Raj and was incorporated into the Indian Penal Code (IPC) in 1870 as Section 124A. Thomas Badington Macaulay, a British historian and politician, drafted it.
When the British government realized that the law suppressed the voice of Indians demanding greater autonomy and independence, section 124A was added to Chapter VI of the Indian Penal Code, which deals with offences against states, in 1870.
This is in response to Syed Ahmed Barelvi’s rising radical Wahhabi movement. Sedition was primarily used to prevent nationalist feelings from developing in order to prevent the nationalist movement for freedom in India from developing, and it was overused, misused, and abused during the colonial period.
Arguments against sedition laws
There are several arguments against sedition laws, including the following:
- Sedition laws violate the right to free speech and expression, which is guaranteed by the Constitution in Article 19 as a fundamental right.
- Sedition laws are a colonial legacy that is unfit for a democracy.
- Sedition laws have a chilling effect on free speech, resulting in unauthorized self-censorship.
- Sedition laws are being used even when there is no incitement to violence or a potential for public disorder.
Arguments for sedition laws
Some of the arguments in favor of sedition laws are as follows:
- Sedition laws can help combat anti-national, secessionist, and terrorist elements.
- Sedition laws protect the elected government from attempts to destabilize it through violence and illegal means.
- Sedition laws protect national security and integrity.
Punishment for sedition
Sedition is a serious felony punishable by fines and imprisonment for up to 20 years. Sedition is a non-bailable offence. The range of penalties under Section 124A is three years to life in prison, and some fines may also be added. A person charged under this law is barred from the government jobs.
Here are a few examples:
The following are some examples of activities considered seditious in nature by Indian courts:
- A group of people chanting anti-Indian government slogans.
- A speech delivered by a person that clearly incites violence or public disorder.
Our country’s freedom fighters against colonial rule were perhaps the most famous cases of sedition in history. Bal Gangadhar Tilak, a staunch supporter of India’s independence, was charged with sedition twice.
Recently, several high-profile cases of sedition have occurred in India, including the arrest of JNUSU leader Kanhaiya Kumar, the filing of a chargesheet against Patidar quota stir leader Hardik Patel, and Bengaluru-based climate activist Disha Ravi by Delhi Police in connection with a toolkit on farmer protests.
Other related posts:
RELATIONSHIP BETWEEN THE FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY
