Historical Background of Sedition Law
• Enacted in the 17th century (England) when law makers believed that only good opinions of the govt should survive and the bad opinions were detrimental to the govt.
• Originally Drafted in 1837 by Thomas Macaulay, the British historian-politician.
• Later it was omitted when the “Indian Penal Code” was enacted in 1860.
• Section 124 A was added in 1870, an amendment introduced by Sir James Stephen when it felt the need for a specific section to deal with the offence.
• Section 124A of IPC : It says that whoever by words, either spoken or written, or by signs, attempts to bring into hatred or contempt, or attempts to excites disaffection towards, the government established by law, has committed the offence of sedition.
Note :-
1. Disaffection includes disloyalty and all feelings of enmity.
2.Comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offence under this section.
Punishment
• It is a non-bailable offence.
• Punishment ranges from 3 years to a life term, to which a fine may be added.
Later Consequences
• A person charged under this law is barred from a government job.
• Cannot travel abroad.
Pre-Independence Sedition charges
• Lokmanya Bal Gangadhar Tilak (1897) - Published annual celebration of The Shivaji Coronation (1894) in his Newspaper “Kesari” founded on 4 January 1881. Tilak was sentenced to 18 months of rigorous imprisonment.
• Lokmanya Bal Gangadhar Tilak (1908) - Published two "Kesari" articles titled “The Country’s Misfortune” (12th May 1908) and “These Remedies Are Not Lasting” (9th June 1908). Six years of imprisonment in Burma (Now Myanmar)
• Mahatma Gandhi (1922) - For his articles in his newspaper “Young India”, founded in 1919 a weakly journal. Imprisonment of six years.
Post-Independence SC’s decisions
• Brij Bhushan and another vs The State of Delhi (1950) & Romesh Thappar vs the State of Madras (1950)
○ Law that restricts speech on the ground that it would disturb public order was unconstitutional
○ Article 19(2) was rewritten to replace “undermining the security of the state” with “in the interest of public order”.
• Kedar Nath Singh vs State of Bihar (1962)
○ A member of a Forward Bloc had given a speech, charged as sedition○ SC’s decision - Speech or writing to which subverting the govt by violent means is implicit including the notion of revolution is seditious○ A failed attempt to incite too is counted as sedition
• Balwant Singh vs State of Punjab(1995)
○ Shouted Pro-Khalistan slogans○ SC’s decision - Unless there is public disorder merely sloganeering can’t attract punishment under this section.
Argument for Section 124A
• Helps govt in combating anti-national, secessionist and terrorist elements.
• Protect the elected govt from attempting to overthrow the govt with violence and illegal means.
• To prevent the misuse of free speech (reasonable restrictions) {Article 19(1)}
Argument Against Section 124A
• Colonial tool- Introduced by the British to suppress the freedom struggle.
• Britain had repealed the Sedition Act in 2009
• Against the freedom of speech
• Improper definition
• To penalize the offender for disrupting public order, IPC and Unlawful Activities Prevention Act 2019 have provisions that can take care of the punishments.
• Mahatma Gandhi said - It has been designed to suppress the liberty of the citizen.
• Jawaharlal Nehru said - Provision was obnoxious and highly objectionable and the sooner we get rid of it the better.
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