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| Pic Courtesy- The Print |
The recent FIR lodged on 49 celebrities including Ramchandra Guha, Anurag Kashyap, Konkana Sen, Mani Ratnam etc on the orders of chief Judicial Magistrate of Muzzafarpur, Bihar has reopened the grave of the question, "IS SEDITION LAW STILL RELEVANT IN INDIA?"
As per the section 124 A of Indian Penal Code, sedition means, "whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to excite disaffection towards the government shall be punishable with life imprisonment."
Mention of sedition in law statute:-
1. Indian Penal Code, 1860 (Section 124-A)
2. The Code of Criminal procedure {CrPC. (Section 95)}
3. Seditious meeting Act 1911, and
4. The unlawful activities (Prevention) Act (Section 2(o)(iii)
Historical Background:-
The Britishers introduced this law to curb criticism of the British Raj and to suppress any voice of dissent. The law of sedition was drafted by Thomas Macaulay. In the Indian struggle of independence, among the noted personalities who faced the charges of Section 124-A were Bal Gangadhar Tilak, Mohandas Karamchand Gandhi, Annie Besant and many editors of the newspapers. The major difference between the case of Tilak and of Gandhi was that Tilak did not pleaded guilty while Gandhi pleaded guilty.
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| B. G. Tilak during his Sedition trial |
This colonial law is still in operation. It has been observed by scholars and intelligentsia time and again that this draconian law is used mostly to suppress rather than benefiting the society. The case of Aseem Trivedi, Balwant Singh etc can be held testimony for the same.
Some famous cases of sedition:-
In the case of Balwant Singh & Others Vs. State of Punjab, 1985 (SC 1785), there were allegations that accused raised the slogan of "Khalistan Zindabad" right after the assassination of Indira Gandhi took place. In this case Supreme court held that "Slogan raised by the accused had no impact on the public. Two individual casually raising slogans could not be said to be exciting disaffection towards the government. Section 124-A could not apply to the facts and circumstances of this case".
In another interesting case of Sanskar Marathe Vs. State of Maharashtra & Others, 2015 (Public Interest Litigation) in Bombay High court, there were charges framed on a political cartoonist Aseem Trivedi of disrespect to national emblem. The honourable Bombay High Court held that " the charges were in nature of political satire, and there was no allegation of incitement to violence, or tendency or intention to create public disorder". This ultimately led to a free walk to Aseem Trivedi and bring huge disrepute to then central government in private media houses. In almost every case, the court turned off the charges and accused walked free, though they had to suffer pain and discomfort of arrest, imprisonment and trial.
Statements held against the Sedition Law:-
“Affection cannot be manufactured or regulated by law”
-
M. K. Gandhi
(during his trial of sedition)
“If one has no affection for a person or a system, one
should be free to give the fullest expression to his disaffection, so long as
he does not contemplate, promote, or incite violence”
-M.K. Gandhi
(during his trial of sedition)
“It was unquestionably a weapon at the hands of the Colonial
government. But unfortunately, no elected government has thought it necessary
to amend the Indian Penal Code and delete Section 124-A”
-
Suhrith Parthsarthy
(Lawyer & Writer based at Chennai)
In 1951 Jawahar Lal Nehru described the law as “highly
objectionable and obnoxious”
Justice B.P. Sinha (Supreme Court Judge) in famous case of
Kedarnath Singh Vs. State of Bihar 1962 upheld the validity of the law but has
severely restricted its application. He held that only “Violent Revolution”
against the government attracts the charge of sedition. The same words were
reiterated by Justice Deepak Mishra in September 2016.
In 1959 Allahabad High court said that sedition struck at
the root of free speech and was unconstitutional.
Britishers introduced this law to curb the voice of dissent
and sedition law has absolutely no relevance in current. Infact the charges
framed on the accused could be easily easy tackled by other section of IPC and
CrPC without any applicability of Sedition Law.
The reasonable restriction on Artcile 19 1 (a) of the
Constitution of India and term such as “In the interest of the public order”
made difficult to challenge the constitutionality of Section 124-A of Indian
Penal Code. The above mentioned term is ambiguous and gave an upper hand to
state to find out way around to suppress even constructive criticism of
government at times. Many Political leaders on and off had made the issue of
misuse of sedition law as part of their speeches, however a strong will to
obliterate Section 124-A is missing.
Arvind V. Prakash
arvind.v.prakash@gmail.com










