By D N Singh
The debate over the efficacy of the sedition law falling under Section 124A Indian Penal Code has taken the center-stage.
After the plea filed by the Editors Guild Of India challenging the relevance and use/misuse of the law by the executive apparatus to which the apex court gave a nod and has fixed May 10 for hearing.
For a while going out of the legalities at the court level, it is pertinent to see whether the relevance of the law, after 75 years of its enactment is really relevant or not.
Like Major General (Rtd) S.G. Vombatkere stated that, the law causes ‘chilling effect’ on free speech and is an unreasonable restriction on free expression , which is a fundamental right.
Even the Chief Justice of India In July 2021, Chief Justice of India (CJI) N.V. Ramana observed, “Sedition is a colonial law. It suppresses freedoms. It was used against Mahatma Gandhi, Tilak… Is this law necessary after 75 years of Independence?” He said this addressing Attorney General K.K. Venugopal and Solicitor General Tushar Mehta, appearing for the Centre.
It appears archaic for the simple reason that, in 1870, the Sedition charge was included in Section 124 A of the Indian penal code. With an aim to muzzle the voices and writings of then big leaders such as Mahatma Gandhi, Lokamanya Tilak, Netaji Subash Chandra Bose or Jogendra Chandra Bose whose stances appeared inimical to the interests of the Birtish colonial rulers.
The question is about the right to dissent or to hold a view on the system that rules, pointing at the failures if any with any constructive suggestions or exposing certain steps where is not in favour of the larger mass.
That is where lies the fault as why a man or woman be barred from holding an alternative view or criticize remaining within the limits and not taking to any incitements or prevocational methods like violence etc.
About The law
Drafted by British historian-politician Thomas Babington Macaulay in 1837, 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”. Which was in subsequent times included in Section 124A of the IPC.
Those were brought into force to silence the voices of people leading the freedom struggle.
Most ironic part of it is that the sedition charge was abolished by the United Kingdom in 2010. But in India despite several debates the law has not been subjected to any amendment so far.
