In the recent developments on Sedition Law and Supreme Court orders to take hold on the decision to implement it or not, understanding the significance and meaning of the Sedation law becomes important.
According to Section 124A of the Indian Penal Code, the law lays down the punishment for sedition.
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What is sedition?
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As per the dictionary Merriam-webster, Sedation is incitement of resistance to or insurrection against lawful authority.
What is Sedition Law?
It was during British Raj (1858 to 1947), that the Indian Penal Code was enacted in 1860. Section 124A forms part of Chapter VI of the Code which deals with offences against the state. Whereas, Chapter VI comprises sections from 121 to 130, however, sections 121A and 124A were introduced in 1870.
The Sedition Law says,
“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, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
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- Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity.
- Explanation 2.—Comments expressing disapprobation of the measures of the Government with a view to obtaining their alteration by lawful means, without exciting or attempting to excite hatred, contempt, or disaffection, do not constitute an offense under this section.
- Explanation 3.—Comments expressing disapprobation 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.”
In the Sedition Law of Section 124A, the British government in India feared that Muslim preachers on the Indian subcontinent would wage a war against the government.
Particularly after the successful suppression of the Wahabi/Waliullah Movement by the British, the need was felt for such a law. Throughout the Raj, this section was used to suppress activists in favour of national independence, including Lokmanya Tilak and Mahatma Gandhi, both of whom were found guilty and imprisoned.
The section kept drawing criticism in independent India as well for being a hindrance to the right to free speech. Sedition was made a cognizable offence for the first time in history in India during the tenure of Prime Minister Indira Gandhi in 1973, that is, arrest without a warrant was now permissible. In 1962 the Supreme Court of India interpreted the section to apply only if there is, say, “incitement to violence” or “overthrowing a democratically elected government through violent means”.
As of 11th May 2022, This law has been put on hold by Hon. Supreme Court citing re-examination.
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