The Centre told the Supreme Court that consultations with stakeholders for modifying the Section 124A of the Indian Penal Code which defines sedition law were at “the final stages” and the matter was likely to come up before Parliament soon
What Is Sedition Law?
- Section 124A IPC defines sedition as an offence committed when “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
- According to the section 124-A, comments expressing strong disapproval of the ‘administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offense under this section.’
- The law was originally drafted by Thomas Macaulay
- It was not a part of IPC in the 1860s and was even dropped from the law. It was introduced in the IPC in the year 1870
Historical Background Of Sedition Law
- Sedition laws were enacted in 17th century England when lawmakers believed that only good opinions of the government should survive, as bad opinions were detrimental to the government and monarchy.
- This sentiment (and law) was borrowed and inserted into the Section 124A of IPC in 1870, by the British.
- British used Sedition law to convict and sentence freedom fighters. It was first used to prosecute Bal Gangadhar Tilak in 1897.
Punishment For The Offence Of In Sedition Law
- Sedition is a non-bailable offence. Punishment under the Section 124A ranges from imprisonment up to three years to a life term, to which fine may be added.
- A person charged under this law is barred from a government job. They have to live without their passport and must produce themselves in the court at all times as and when required.
Judgement Related To Sedition Law
- Section 124A has been challenged in various courts in specific cases. The validity of the provision itself was upheld by a Constitution Bench in 1962, in Kedarnath Singh vs State of Bihar.
- That judgment went into the issue of whether the law on sedition is consistent with the fundamental right under Article 19 (1) (a) which guarantees each citizen’s freedom of speech and expression.
- The Supreme Court laid down that every citizen has a right to say or write about the government, by way of criticism or comment, as long as it does not “incite people to violence” against the government established by law or with the intention of creating public disorder.
Arguments Against The Sedition Law
Sedition Law Around The World
United States of America
Under Section 2385 of the US Code, it is unlawful for anyone to knowingly teach/advocate the propriety of overthrowing the government, by force. However, in respect for freedom of speech, this law is rarely enforced.
Germany
Volksverhetzung (“incitement of the people”) is a legal concept in Germany. The word loosely translates to ‘sedition’, although the law bans the incitement of hatred against any particular race or religion.
Canada
Sedition laws are independent of the laws that pertain to hate crime, in Canada. Canadian citizens enjoy liberal freedom as the laws to restrict freedom of speech are rarely enforced upon them. As a matter of fact, there has been no new sedition brought to light after the 20th century.
Netherlands
In the Netherlands, it is a crime to insult the King, the Heir Apparent and their spouse; under Articles 111-113 of the Dutch Penal Code.
Malaysia
The Malaysian Sedition Act 1948 is unique because it comprises not only of laws on sedition against any ruler, ruling government, administration of justice and rights & privileges under the Federal Constitution; but also takes within its purview, prohibitions on racial hate-speech. Read this for further explanation.
Norway
Chapter 9 of the Norwegian General Civil Penal Code makes defaming the King/Regent of Norway, a crime. Section 5 of the constitution states: “The King’s person is sacred; he cannot be censured or accused. The responsibility rests with his Council.”
New Zealand
Sedition ceased to be a crime following the introduction of The Crimes (Repeal of Seditious Offences) Amendment Bill in 2007, which was enforced w.e.f. 1st January 2008.
United Kingdom
Section 73 of the Coroners and Justice Act 2009 abolishes sedition and seditious libel. This came into effect from 12th January 2010. Sedition by an alien (resident but not a national of the country), however, is an offence.
Indonesia
Sedition has been declared as “unconstitutional” in Indonesia.
South Korea
The Republic of Korea did away with its sedition laws during democratic and legal reforms in the year 1988
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