The Constitution of India gives each and every individual the Freedom of Speech and Expression under Article 19(1)(a), and any infringement to this is considered as a violation of fundamental rights. The scope of Article 19(1)(a) is obstructed by the existence of another law, that is, Law of Sedition mentioned under Section 124A of Indian Penal Code.
“Use of sedition is like giving a saw to the carpenter to cut a piece of wood and he uses it to cut the entire forest itself”
N. V. Ramana, Honorable CJISedition Law is a dowry that was given to us by the British Colonials. They misused this law and silenced the rising nationalist voices through draconian punishments in pre-independence India. However, if we talk about the present scenario, the horrendous grip of Sedition law has been strengthened and extended to almost everywhere. Whether journalists, students or human rights activists, everyone is being tortured by this draconian curse spelled on our country almost a century ago.
STATISTICAL PROFILE OF SEDITION CASES
The statistical profile of Sedition cases is showing an increase in the number of cases registered. If we go through the statistics of 2021, then we came to know that 76 sedition cases were registered across the country which is an increase from the registered 73 cases of 2020.
Further , as per the NCRB data of 2019, 93 sedition cases were filed in the country in the same year. It has been reported that the cases of Sedition have been rising in recent years. In 2014, there were a total of 47 cases which rose to 70 in 2018. The data also evidenced that there is a jump of approximately 165% in the Sedition cases between the years 2016 and 2019. The astonishing fact is that, however, the cases of Sedition are increasing day by day, but the conviction rate has shown a considerable fall. In the year 2016, the conviction rate in sedition cases was 33.3% while in 2019, it dropped to 3.3%, showing a fall of 30%.
As per another report, it is evidenced that a total of 326 sedition cases were registered in the country between the years 2014 and 2019, of which only 6 were convicted for the offence.
States like Assam, Jharkhand, Haryana, Bihar and Jammu and Kashmir have witnessed the highest number of Sedition cases. In Assam, 54 sedition cases were registered between 2014 and 2019 but no convictions were made. In Jharkhand, 40 sedition cases were registered between 2014 and 2019 of which only one person had been convicted. The state of Haryana had registered 31 cases of Sedition out of which only one person was convicted for the offence.
HISTORY OF SEDITION LAW IN INDIA
The history of Sedition law can be traced back to the pre-independence era. It was in 1837 when Thomas Babington Macaulay proposed the law through Clause 113 of the Draft Indian Penal Code. However, when the Indian Penal Code was enacted in 1860, the offence of Sedition was excluded in it. The incessant risings of nationalist voices against the British Colonials, had developed a seed of apprehension in Britishers and to destroy this seed, they inserted the offence of Sedition in IPC through Section 124A on November 25, 1870, by the efforts of Sir James Stephen.
After the enactment of Sedition law in 1870, the British Colonials became more determined to strengthen the seditious offence in British India and hence passed two cognate laws. The first one was Dramatic Performances Act XIX of 1876 whose purpose was to track down the seditious activities in plays and the second one was the Vernacular Press Act (IX) of 1878 which was needed to curb the criticisms against British Policies and decisions pertaining to the Deccan Agricultural Riots of 1875 and 1876.
The law of Sedition was first time explicitly delineated in the case of Queen Empress v. Bal Gangadhar Tilak. The law was explained by Justice Strachey in the following words;
“The offence of Sedition consists in exciting or attempting to excite in others certain bad feelings towards the government. It is not the exciting or attempting to excite mutiny or rebellion or any sort of actual disturbance, big or small.”
OFFENCE OF SEDITION: SECTION 124A
Section 124A of Indian Penal Code, 1860 deals with the offence of Sedition and provides for the punishments for those who commit the same. The definition mentioned under Article 124A defines sedition as an offence that brings or attempts to bring hate or disaffection towards the ruling government. Explanation 2 of Section 124A clearly illustrates that any “disapprobation” towards government actions with an aim to bring constructive change by lawful means doesn’t amount to Sedition until it excites or tries to excite disaffection towards the government.
Under IPC, Section 124A is defined in the following terms;
“Whoever, by words, either spoken or 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.”
Undoubtedly, we have various judicial pronouncements that lucidly delineate the essentials that constitute a seditious offence but still there is a significant rise in the statistics of Sedition cases being registered in our country. As per the NCRB reports of crimes in India, the cases of Sedition are incessantly rising in the recent years and the conviction rate pertaining to Sedition cases has shown a considerable downfall. The main reason for the drop in conviction rate is either due to the fact that cases registered have no consequential evidence or are registered on the false interpretation of Sedition clause. On a recent note, a plea has been filed by Retd. Major General S.G. Vombatkere which mentions that the Sedition law prevailing in India is completely “unconstitutional and should be unequivocally and unambiguously struck down.”
While hearing the recent pleas that challenge the constitutional validity of Sedition Law, CJI N.V. Ramana said, “Sedition is a colonial law and was used by the British and suppress freedoms and used against Mahatma Gandhi, Bal Gangadhar Tilak.” Also, CJI has sent a letter to the Central Government stating that the Supreme Court is convinced over the fact that Sedition law is being misused in many ways and acts as a barrier to curtail Freedom of Speech and Expression of the citizens. Apart from CJI N.V. Ramana, J. D.Y. Chandrachud is also of the same view and said that it is “the time to define the limits of sedition law.”
The resistance against the Sedition Law is not a matter of present. From time immemorial, resistance against this draconian provision has been made either in the form of debates, Law Commission Reports or Amendment Bills.
Such as, in the year 2011, a private member bill which titled as Indian Penal Code (Amendment) Bill was introduced by Mr. D. Raja in the Rajya Sabha. The Bill suggested that Section 124A of IPC that deals with the offence of Sedition should be omitted as it is a dowry given to us by the British Colonial who used this law to suppress the rising nationalist voices. He further added that India is self-sufficient with specialised Acts to deal with internal and external resistance hence there is no need for such a section in IPC.
In 2015, another Private Member Bill was introduced by Mr. Shashi Tharoor in Lok Sabha. The Bill was aimed to amend Section 124A and suggested that only those words/ actions should be termed as seditious that have the capability to incite violence. The Bill again raised the debate over the definition of Sedition.
The Law of Sedition has always been a bone of contention between the government and the masses. The voices to repeal Sedition law in our country had risen during the Congress government and exist till now and will continue to uproar. The pertinent cause which led masses to rise against Sedition law is the entitlement of Freedom of Speech and Expression guaranteed to us under Article 19(1)(a). On one hand, our Constitution provides us with the ideals of democracy and on the other hand IPC snatches it by enacting draconian Sections.
Although, there is conundrum over the inclusion of Section 124A but there is a small group of people who contemplate that the existence of Section 124A is requisite for our country. In order to combat anti-national activities and terrorist actions, sedition proved very helpful. Apart from this, there are some states in India that witness frequent Maoist insurgencies which threaten to overthrow the state governments, in these circumstances, Sedition law rescues the country. The reasons provided by the supporters of Sedition law are as rational as the arguments provided by those who condemn it. However, the debate over the issue is vehement and one cannot just take refuge at one side without considering the consequences of the other.
