Keep the sedition law in Abeyance – SUPREME COURT

यदा यदा ही धर्मस्य ग्लानिर्भवति भारत I
अभ्युत्थानमधर्मस्य तदात्मानम सृज्याहम II

So, this is true Whenever there is an excess of something, someone has to come and stop this. In our democratic India, we have the Supreme court as our watchful sentinel of fundamental rights. After independence in India, many laws are being misused indiscriminately, here everyone breaks the laws in some way or the other to serve one’s own purpose.

Sedition became one of the most misused laws.

Soon after back to back cases of sedition, Trinamool Congress MP Mahua Moitra and others filed a petition in the supreme court against this colonial law. And hon’ble supreme court stayed lodging of cases under S. 124 A.

History of Sedition Law in India-

The original draft of the Indian Penal Code, 1860 prepared by Lord Macaulay had sedition as an offence under section 113, but due to certain reasons the idea was dropped and the Indian Penal Code, 1860 was passed in the year 1860 without including sedition.

Soon after they realized that the colonial law is necessary to stop the voice of young India for independence and against the exploitation by the Britishers. Also they believe that only good opinion of government shall prevail.

And via an amendment of 1870, the sedition law was passed.

• Sedition meaning- (राज-द्रोह)- The use of words or actions that are intended to encourage people to be or act against a government.
• Treason meaning (देशद्रोह )- The criminal act of causing harm to your country, for example by helping its enemies

124A. Sedition as in Indian Penal Code, 1860-

Whoever, by words, either spoken, 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.

Explanation 1-

 “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 offence 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 offence under this section.

Punishment for the Offence of Sedition:

• Sedition is a Non-Bailable offence. Punishment under Section 124A ranges from imprisonment up to three years to a life term, to which a fine may be added.
• A person convicted under this law is barred from a government job.

Hierarchy of cases on Sedition law |section 124 A-

Pre Independence cases on sedition law-

1. Queen Empress vs. Joginder chander bose (1891)

The court stated that the word used in second and third explanation means disapproval.

2.Queen Empress vs. Bal Gangadhar Tilak (1897)

Seditious writing doesn’t make one liable till it remains in his hands, publication of some kind is necessary.

    Post Independence cases on sedition law-

1. Tara Singh Gopi Chandra vs. State (1951)

The Punjab high court held that, India is independent and democratic country and sedition law violates the fundamental right of speech and expression. Thus, there is no need of sedition law in India.

2. Romesh Thapar vs. State (1950)

The supreme court observed that deletion of word ‘sedition’ from the draft under article 13(2)  shows that criticism of the government exciting disaffection or bad feelings towards it is not to be regarded as a justifying ground for restricting freedom of speech and expression until there is security threat.

3. Kedarnath vs. State (1962)

Section 124 A doesn’t violate A.19(1)a of the constitution.

4. Naurang singh vs. state  (1986)

Directly or indirectly incitement of hatred and promoting violence amounts as sedition.