23 June 2021 Mains Question of the day

Sedition law in India is highly misused . what can be done to curb this misuse.

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Bhat Bhat
Bhat Bhat
1 month ago

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Bhat Bhat
Bhat Bhat
1 month ago

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Swati Mishra
Swati Mishra
1 month ago

Section 124 A covers sedition which was inserted by sir james stephen in 1870.It focuses on curbing the dissent against the government.

IPC defines sedition as,”offence committed when any person by words,spoken or written ,or by signs ,or by visible representation ,or otherwise brings or attemps to bring into hatred or contempt or excites or attempts to excite dissatisfaction towards the govt established by law in india”.
It is a nonbailable offence with term imprisonment from 3 years to life.

How it is misused?
1) was used against Gandhiji and ball Gangadhar Tilak to suppress the nationalist voice
2) in Kedarnath versus state of Bihar Supreme Court said that incitement of violence is the gist of sedition yet it is used freely against students and activists
3) convert dissenters into hardline criminals when they rot in jail for years without bail.
4)mostly charges of sedition as our political not legal
5)according to NCRB there is 160% rise in the cases of sedition from 2016 to 2019 but the conviction has fallen from 33.3% to 3.3%
6)I will create an atmosphere of fear and chilling effect on dissenters
7) shows the price we have to pay for retaining the Draconian law
8)fundamental right of free speech under article 19 is affected
9) Relics of colonial legacy is unsuited for Democracy
10)dissatisfaction is a vague term which can be misinterpreted by the different section of the society
11) the britishers have themselves repealed the law but we are still using it

What can be done?

1)there is need of High Court and Supreme Court to take suo moto cognisance of incidents using draconian measures.

2) police officers must be trained accordingly so that they should not take every case as sedition and must act impartially
3)definition of sedition must be narrowed down so that clear lines of sedition can be laid
4) addition must be related to matters that affect India’s sovereignty not a political ideology
5) should not be used to control free speech and criticism should be taken generously
6)govt should show its self as a tolerant and secular body to the different voices

Way forward-India is going to celebrate its 75th year of its independence in 2022 It is the time to cherish the goals of our forefather and break the chains of British legacy.Doing away with sedition law can be a boost to India’s image as a democratic nation in the international arena.

1 month ago

sedition is defined under IPC 124a as an offence committed when a person brings hatred or attempts to bring hatred or contempt’s or when a person excites or attempts to excite disaffection towards government established by law .
nowadays it is one of the controversial law whose roots can be traced to colonial era as it was introduced by thomas macaulay .
earlier annie besant , gandhi ,bal gangadhar tilak had faced consequences under this .
now a days also there are reportedly cases of its misuse due to many loopholes under this one of them is arrest of comedian munamar farukh for inviting government into his jokes .
it has been criticized for many reasons :

  • colonial era law : time has changed and this law shows old wine in new bottle . it was a draconian law that was introduced to suppress thr dissent of that time so court should reconsider it .
  • internationally this has been criticized and repealed by many nations ex : UK repealed it in 2010 Australian gov. also repealed it on recommendation of ALCR.
  • act against right to freedom of speech and expression as mentioned in art. 19 of the constitution .
  • criticism is an integral part of democracy and it should not be snatched away from its citizens under such laws .
  • sedition law also is an opposite action of our government against the ICCPR(International Covenant On Civil And Political Rights ) which India has ratified in 1979.
  • we have other measures such as IPC and Unlawful activities prevention act 1967 to protect the national integrity .
  • NCRB reports shows that cases filed and actually convicted persons shows a huge gap in numbers that is low conviction rates .

also, it is supported for many reasons such as :

  • when contempt of court attracts punishment then why not contempt of government can attract punishment .
  • many states have insurgency groups that openly promotes the idea to overthrow government through illegal means .
  • to prevent any terrorist , succesionist agenda from being successful .

though it ha sits own functions to serve but the present scenerio suggests some sort of modification into it :

  • establishing it as a non cognizable offence so as to allow judiciary look into valid cases .
  • reducing its affect by making speech related offence as only bailable .
  • educating the investigating officers regarding this to make them understand as whom to arrest and whom not to .
  • strict action to be taken by court for malicious complaints which does not have any valid or reliable proofs .

freedom of speech and expression remains an integral part of our country since the times of independence and till today and will remain an integral part for time immemorial so to protect the spirit of our nation government should consider some of the suggestions mentioned above .

1 month ago

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25 days ago

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Last edited 25 days ago by diademy
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