Section 124 (A) of the Indian Penal Code deals with the provisions by which a person is proved to be a traitor. If you do any act which, by your words (whether written or oral) or by consequences, shows opposition to the Government of India or tries to make people against the Government of India, then it is under the purview of the sedition law. Comes. It is punishable with imprisonment (which may extend to life), fine or both. If a person is found guilty under this law, he shall be punished with imprisonment of either description for a term which shall not be less than three years, or with fine, or with both.
This is a colonial-era law, used in the British Empire. The voices of the freedom fighters were suppressed by this and efforts were made to thwart their movement. But today our political and social environment has completely changed. The country is going to celebrate the 75th anniversary of its independence. So, what is the use of this law? These questions have been raised before the Supreme Court in various public interest litigations. The reason for this was the misuse of this law for the last several years. It is being used extensively not only to target and harass political opponents, but also to silence the tone of criticism. The situation is that if a person is going to recite Hanuman Chalisa, then sedition law is imposed on him too, which has no justification and no provision of section 124 (A) applies to him.
The Supreme Court was concerned about the misuse of this law itself. Even in 2021, he had asked the government to repeal it during a hearing. He argued that the provisions mentioned in these belong to the colonial era, which were used against the freedom fighters. Today the environment has changed and after COVID-19 most of the Indians are on the internet. Since India is emerging as the largest market in the world of internet, the scope of this law should either be reduced or amended. Perhaps the government has now read the mood of the Supreme Court, because till recently it was supporting this law. It is believed that the reason for the sudden U-turn of the government is the statement of the three-judge bench, in which it had asked to hear the debate on May 10, 2022, whether the matter should go to the five-judge bench or not. ? When the government felt that the matter could be referred to a Constitutional Bench, which could create an uncomfortable situation before it, it called for an immediate review of this law. The top court has also accepted the government’s argument.
When it comes to reviewing this law, there are three types of thinking. First, such legal provisions should be abolished, as they are no longer relevant. Second, this law should be retained as the country desperately needs it, especially in view of the anti-national forces. And the third thinking is of those who believe that this law should be maintained, but some reasonable restrictions should be imposed on its use to prevent its misuse. Proponents of this view believe that if it is completely removed from the legal book, the sovereignty, security and integrity of the country could be harmed.
Obviously, the government can choose the third option, because every government seems to be in favor of such a law. He believes that if any person works against the interests of India, then legal action must be taken against him. But yes, the wings of this law can be cut off. It is possible that a provision for ‘Check and Balance’ may also be made in this. Governments have to understand that their criticism does not amount to sedition. In addition, the limited circumstances in which the use of this law may be permitted should also be defined. Then, it should not happen that the government does its own thing. If governments are given full authority to determine treason, then all their critics can be branded as anti-nationals. Therefore, just as there are some restrictions on the fundamental right to free expression under Article 19 of the Constitution, in the same way there must be some restrictions on the circumstances related to the introduction of the sedition law.
Clearly, there is no question of but-but on the appropriateness of this law. Anyway, there are so many ‘non-state actors’ working inside and outside the country that the stability of India is always under threat. In such a situation, we will need this law all the time. But yes, we also have to ensure that it is not misused against innocent civilians. Every effort should be made to ensure that the fundamental rights of the people are not violated, and the responsibility for this should naturally lie with the government. It has to be harmonized in such a way that on the one hand its interests are protected and on the other the fundamental rights of the people are protected. How the government creates this ‘golden balance’ will be monitored. However, what every nation wants is that it maintains such provisions, which are effective against forces hurting its interests. Even advanced countries like America, Britain, Singapore have provisions like sedition law. Clearly, the review of this law in our country is a commendable step, and it also reflects the vision of Prime Minister pic.twitter.com/MTUrPcR1VY
— ANI (@ANI) August 22, 2021
Meanwhile, Prime Minister Narendra Modi, who has always been vocal against the laws of the colonial era.
(These are the author’s own views)