DNA Explainer: Will sedition law end in India? Its legitimacy and need to challenge

There will be a hearing in the Supreme Court today regarding the abolition of the sedition law. In fact, the legitimacy of this law has been challenged under two separate petitions. This law has been implemented in the country under section 124A of Indian Penal Code (IPC). A petition has been filed by the Editors Guild of India and Major General SG Vombatkere, a former Army officer regarding this law.

Apart from this, two more petitions challenging the sedition law have been filed. A special bench will hear a total of four petitions. It will be headed by Chief Justice NV Ramana. Also other members of this bench are Justice Surya Kant and Justice Hema Kohli. These four petitions are pending in the Supreme Court from the year 2021.

Read | 'Is it still necessary?' Supreme Court questions Centre on sedition law, calls it colonial

What is sedition law?

Under Section 124A of IPC, the offence of sedition is committed when any person by words or otherwise brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law. Sedition is a cognisable, non-bailable and non-compoundable offence under the law, entailing life imprisonment as maximum punishment, with or without a fine.

India's sedition law has an interesting past. It was drafted by Thomas Babington Macaulay and included in the IPC in 1870 on the grounds that it was dropped from the original IPC draft by mistake. IPC was brought into force in colonial India in 1860 but had no section concerning sedition then.

Sedition is a non-bailable offence. Punishment under the law varies from imprisonment up to three years to a life term and fine. A person charged under this law can't apply for a government job. They have to live without their passport and must present themselves in the court as and when required.

Mahatma Gandhi called Section 124A as 'the prince among the political sections of the IPC designed to suppress the liberty of the citizen'. Jawaharlal Nehru had called it 'highly objectionable and obnoxious', stating that it should not have place both for practical and historical reasons. "The sooner we get rid of it the better," he had said.

What Supreme Court said last time?

The last hearing in this case was held on July 15, 2021. Then the Supreme Court expressed regret over sedition law and said that it is being heavily misused. The court had asked the central government why this colonial law should not be abolished, which was used by the British.

Let is tell you that the British government had used this law against leaders like Mahatma Gandhi and Bal Gangadhar Tilak during the independence movements. During the hearing that day, the court had also said that the indiscriminate use of section 124A (sedition) is like a saw in the hands of a carpenter who cuts down the entire forest instead of a single tree.

While giving notice to the central government on petitions pressing for the removal of Section 124A, the court had stressed that it was deeply concerned about the misuse of the law and the lack of accountability of the investigating agencies.

Arguments of Central government

Attorney General KK Venugopal, during a hearing in the Supreme Court on July 15, 2021, had said that there was no need to scrap the entire section of the law. He had said that in this case the court can set strict guidelines so that its legal purpose can be fulfilled.

That day, Solicitor General Tushar Mehta, appearing for the central government, had sought time to put the formal response on record. He had said that an affidavit would be given from the Centre on this issue. However, a leading English daily has claimed that no affidavit has been filed by the Centre till date.