Sedition IPC Section 124A

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Sedition
  • IPC Section 124A, 1870 "excite disaffection towards government established by law"
  • Punishment from 3 years to life imprisonment.
  • Balances restriction under 19(2)
Supreme court
  • Held constitutional in Kedarnath Singh v. State of Bihar case 1962 in the interest of public order
  • There has to be causal relationship between speech and act violence and mere speech, regardlessof how subversive it is, does not amount to sedition
  • Kanhaiya Kumar vs State (NCT of Delhi) and other cases: Disruption of public order, attempt to violently overthrow a government, threatening the security of state
  • Law Commission Paper: Only in cases where intention behind any act is to disrupt public order or overthrow the government with violent and illegal means.
  • Balance between FR and Public order
  • To curb Separatist tendencies, terrorist propagandas
  • National security , integrity
For
  1.  After Supreme court guidelines, its jurisdiction have been narrowed.
  2.  Part of reasonable restrctions, Article 19(2)
  3.  Dissent allowed but should not lead to violence or public order
  4.  Advocacy
  5. To curb separatist tendencies which are fuelled in some regions
  6.  Mere misuse cannot be a ground for repeal
Against
  1. Vagueness and arbitrary allows for misuse (journalists), by govt. had to be loved not hate
  2. Draconian nature :
  3. cognisable, non-bailable, non-compoundable has strong deterrent effect on dissent
  4. Court failed to establish any rational test on how to determine when speech in disaffection of government could be construed as causing a disruption of public order
  5. Chilling effect on Fos and Right to dissent
  6. Non- democratic stifles the FR
  7. Authoritarianism
  8. Legislation already exists for armed movements and unlawful activities (Preventive detention
  9. Police don’t have sufficient training to use law.
  10. Used to gag press.
Anarchy versus Authoritranianism

Examples
  • Assem Trivedi cartoonist for mocking Indian costitution
  • Hardik patel in Gujarat
  • Kanhiya of JNU
  • Amensty International allegedly anti Indian slogans
  • Divya Spandana alias Ramya MP of AIAADMK on Pakistan, for calling Modi thief
Government
Admitted in parliament that definition of sedition is too vague and broad

How to tackle then?
  • · Remove the ambiguity
  • · Limited application (minimum use, maximum safeguards)
  • · Key is prevent misuse of it by-
Doing procedural reforms like 
  • · making speech related offences non-cognisable(need warrant) and bailable
  • · Raise the burden of proof on those who claim that their sentiments are hurt
  • · Strict action against those who brings malicious complaints including lawyers
  • · Narrow down the definition
  • · Guideline for proper use and training to police personnel (guideline and sensitise )
  • · A balance between security and smooth functioning and Freedom of speech and expression
  • · Amend IPC to include SC guidelines in sec 124A

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