Doctrinal Analysis of Sedition law in India

Abstract:

Sedition law prohibition incitement of hatred or disaffection against the government. Sec 124A has been held to be constitutional by the Apex court. Fair criticism of government does not amount to sedition. The provision of sedition was incorporated in the Indian penal code in 1970 by the Britishers to suppress the voice of nationalism against them. The law has always been questioned on the ground of its being an unreasonable restriction on freedom of speech and expression. Sedition law has been misused throughout the years. The connection rate is very low but the supports of this provision advocated that sec 124A is important to protect and punished the offender who crosses his or her limitations of exercising freedom of speech and expression. Recently, this provision is again in the limelight as the constitutionality of sec 124A has been challenged in the apex court.

Literature Review

The literature reviewed to make this study are as follow:-

• Gautam Bhatia in his book “Offend, Shock or Disturb” has very well dealt with various aspects of Sedition law. He has described the various factor which makes the Sedition law come into existence. He also explained that how the provision of Sedition law in reasonable restriction on freedom of speech and expression, Under 19 (2) of the Constitution of India. He also talked about the historical aspect of Sedition law and its development. In his book, he admits the ambiguity in the sedition law and the problems that arise due to ambiguity in the interpretation of this law.
• Nicholas Shackel’s most important question relating to Sedition law is that is it an unfinished exception to freedom of speech and under 19 (1)A of the constitution of India. We should try to considered Sedition law in the historical concept and development throughout the years.

Introduction

Sedition law in India is given under section 124A of the Indian penal code,1860. Inciting or encouraging violence against the government by language or conduct written or spoken amounts to sedition. This law prohibits inciting a disturbance of the peace or to excite class hatred. The constitutionality of the sedition law in India was upheld in the case of Kedarnath Sigh v state of Bihar[1]. Comment on the government activities or criticizing the action of government or administration actions do not constitute the offense under sec 124A of the Indian penal code. Statements made by any person should not excite or attempt or attempt to excite hatred or disaffection towards the government. As we know that the supreme court is the custodian of the fundamental rights of citizens guaranteed under the constitution of India, the court has a duty to protect the rights conferred under the constitution. It has been argued several times that sedition is violative of the right to freedom of speech and expression. Which is guaranteed under Article 19(1)(a) of the constitution. but the supreme court has rejected these contentions and upheld the constitutionality of sedition law. It has been held by the apex court that sedition imposes reasonable restrictions on freedom of speech and expression. However, the court has classified that for constituting a crime under sedition, any speech or words and speech should be considered rather than interpreting words alone.

Research Questions

The Research paper focuses on the following questions:

• Whether sedition law has a reasonable restriction on Article 19(1)(a)?
• What is the need for sedition law in India?

Research Methodology

This research on the contemporary legal system is primarily a doctrinal one. To make an authentic study of the research topic, “Analysis of sedition law in India”, an enormous amount of study material is required. The relevant information and data necessary for its completion have been gathered from both primary as well as secondary sources available in the books, journals, periodicals, research articles, and proceedings of the conferences, websites, etc.

Historical Development of Sedition Law

 In 1860 when the Indian penal code was enacted in India then sedition law was not introduced but later Britishers felt the need for such provision in the Indian penal code to prevent nationalist movement[2]. They intended to take control of Indian voices against them, that is why the provision of sedition was inserted in the Indian penal code in 1870 after 10 years of the enactment of the Indian penal code. In the year 1891, the first case of sedition appeared that is queen empress v. Jogendra Chandra Bose[3]. Sedition law was used against many Indian leaders[4]. Bal Gangadhar Tilak and Mahatma Gandhi are very famous names against whom the sedition charged was imposed. In the case of Ram Nandan v. the State of UP[5], here the constitutionality of section 124A of the Indian penal code was challenged before Allahabad High Court. Court held that section 124A is an ultra virus to the constitution of India as it violates art 19 (1) (a) of the constitution and it does not come under reasonable restriction on freedom of speech and expression. But the judgment of Allahabad high court on sedition was overruled by the supreme court in the famous case of Kedar Nath v. the State of Bihar[6] in the year 1962. The court accepted that sedition law is needed to maintain public order and to prevent incitement of violence. 

The Constitutional Perspective of Sedition Law

It has been argued several times, that sedition law is constitutionally valid or not. It imposed reasonable restrictions on the art 19 (1)(a) or not. In the very famous case of Kedarnath v. state of Bihar[7], the constitutionality of sedition law was challenged. In this case, the constitutional bench of the supreme court held that section 124A of the Indian penal code is constitutionally valid. Citizens of the country have the right to criticized or comment on the government’s decisions. But the act of the people must not Incite Violence against the government which is established by the law also the criticism made by someone should not intend to create public disorder.

The provision of sedition law is based on the principle that the state has the right to punish those who challenged the safety and stability of the state and who have a tendency to create public disorder that’s why section 124A has been incorporate in the Indian penal code.

For any law to be declared unconstitutional the violation of constitutional provision should be clear, perfect, and unambiguous.  The same was held in the case of Amrit Banspati v. Union on India[8], In this case, the court also stated that the person who Challenged the law be violative of the constitution. As to show that the particular provision is violative in such manner as may be required. It is necessary to protect the freedom of speech and expression of citizens but at the same time, it is also necessary to maintain social order. Rights under art 19 (1) (A) is not absolute rights it is subject to restriction in the various ground. There can’t be absolute and uncontrolled liberty because it would lead to anarchy and disorder. The restriction is necessary to ensure security and safety, peace, and order of the community.  The state is compounded to main law imposing reasonable restriction under Article 19 (2) exercised to Right to freedom of speech and expression. Recent law based on such concept throughout the world, every county recognizes the concept of a reasonable restriction on the rights conferred to its citizens.

Need of Sedition Law in India

There were many reasons n for the incorporation of sedition law in India[9]. The law was incorporated by the British in the Indian penal code. The objective of this provision was to suppress the Indian voice against colonial rule. Father of the nation Mahatama Gandhi said that sedition law is under the Indian penal code is designed to suppress the liberty of Indian citizens. It was held in the case of Tata press limited v. Mahanagar telephone Ltd[10], where the supreme court emphasized the importance of freedom of speech goes to the heart of the natural rights of the society.

However, the ruler and the government have always been advocated that this provision under section 124A of the Indian penal code is needed to tackle those people who cross their limitations while exercising their freedom of speech under art 19(1) (A) of the constitution of India. Article 124A was inserted in the Indian penal code 1870 by an amendment the motive Was to suppress the Indian voice. This makes this law questionable that where it is recorded in Indian or not.

Recent trend about sedition law in India

Recently also, the debate on the constitutionality of the law of sedition is going on and several petitions have been filed by reputed organizations and journalists challenging the constitutionality of the law. While hearing the petitions, Chief Justice of India N. V. Ramana said that sedition is a colonial law and the government must specify the need for it even after 75 years of independence[11]. He highlighted the grave misuse of the law by comparing it to a carpenter’s saw which he must be used to cut a piece of wood but instead, choose to cut the entire forest. The CJI also drew the attention of the Attorney General and Solicitor General, appearing on behalf of the government, towards the conviction rates under sedition and said that there is a misuse of power by the executive agencies. The response of the government is awaited by the Court to know the point of view of the government about the law and the justifications it gives in support of the law. However, there can be two outcomes of these petitions- firstly, the Supreme Court may declare the law unconstitutional, and secondly, the court may restrict the interpretation of the offense. The decision would not only remove the ambiguity from the law of sedition immediately but would also have a significant impact in the future.

International Framework

The various international organization and declarations have recognized the rights of individuals like freedom of speech and expression and freedom to hold opinions. The right to free speech and freedom of opinion is also embodied in the UDHR recognizing it as a significant Human Right[12]. It includes to seek and receive the information and impart the idea and information, without any limit and through any media.

International Covenant on Civil and Political Rights[13], first-generation rights, also provides that without any intervention everyone has the right to an opinion, an expression which includes to seek and receive the information and impart the idea and information without any limit and through any media i.e. in print or writing. Though it is subject to certain restrictions such as not to harm other’s reputation, subject to public morals, health, and order, and to national security.

Suggestions

After analyzing the various aspect of sedition law in India, I feel that there is a need to reconsider this law in modern India. Some amendments in the law of sedition are required. The ambiguity of the words used in section 124A should be removed and the charge of sedition should only be imposed with due care. Fair criticism of the government should be promoted rather than discourage by imposing charges like sedition before arrest and registering the charges of sedition, preliminary inquiry should be conducted. Sedition law has been misused by the government several times due to its vagueness. Sometimes government imposes it arbitrarily. The connection rate under sec 124A is very low so, safeguard measures should be taken to ensure that sec 124A is not being misused.

Conclusion

It can be concluded that sedition law has faced Criticisms because of its misuse and for the reason of its incorporation in the Indian penal code by Britishers. Terms used under sec 124A of the Indian penal code like “Disaffection” are vague. This leads to variation in interpretation of the law many countries have repealed the provision like sedition from the penal laws. In order to protect law and maintain law and order in our country their also other provisions in the Indian penal code. Thus persons who speak against the government should not be charged under section 124A which is a grave offense and has grossly been misused. Freedom of speech and expression is a very basic right in any democratic nation and it should not be curtain by arbitrary action of the government.

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References:

[1]Kedar Nath Singh v. State Of Bihar, (1962) AIR SC 955

[2] Utkash Anand, The sedition story complicated history of sec 124A, HINDUSTAN TIMES, https://www.hindustantimes.com/india-news/the-sedition-story-complicated-history-of-sec-124a-101626370928612.html (last visited July. 16, 2021).

[3] Queen Empress vs. Jogendra Chunder Bose, (1892) 19 ILR Cal 35.

[4]Avinash Kumar Yadav and Amartya Vikram Singh, Decoding the history of Sedition law in India, THE LEAFLET, https://www.theleaflet.in/decoding-the-history-of-sedition-law-in-india/ (last visited Jul. 16, 2021).

[5] Ram Nandan vs State, (1959) AIR (All) 101.

[6] Kedar Nath, supra note 1

[7] Id.

[8] Amrit Banspati v. Union on India, 1995 SCC (3) 335

[9] D. Raja, why the sedition law must go, INDIANEXPRESS, https://indianexpress.com/article/opinion/columns/why-sedition-law-must-go-7355073/ (last visited July.16,2021).

[10] Tata Press Limited v. Mahanagar Telephone Nigam, (1995) 5 SCC 139.

[11] Krishna das Rajagopal, Sedition law supreme court sends strong to message government, THE HINDU, https://www.thehindu.com/news/national/sedition-law-supreme-court-sends-strong-message-to-government/article35348364.ece (last visited July. 17, 2021).

[12] UDHR, art. 19.

[13] ICCPR, art. 19.