How Colonial-Era Sedition Law Is A Threat To Freedom Of Speech In Present Day India?

The Supreme Court (SC) of India on Thursday started the plea hearing process for and against the validity of the Sedition law under Section 124A of the Indian Penal Code (IPC). A three-bench of judges presided over by the Chief Justice of India (CJI), NV Ramana, led the case hearing.

The plea was submitted by the Editors Guild of India and Major General (Retired) SG Vombatkere. They claimed it had a 'chilling effect' on the freedom of press and expression, which is a fundamental right.

Colonial Legacy

The Sedition law was formed by Thomas Macaulay, a British historian, in 1837. The law was implemented in 1870 to curtail the freedom of speech and expression of Indian freedom fighters against Britishers.

Leaders like Subhash Chandra Bose, Mahatma Gandhi, and Bal Gangadhar Tilak were charged under the law.

Since Independence

Though the Constituent Assembly was opposed to putting in the Sedition law as a restriction to the Freedom of Speech in the then Article 13, they did not feel that it should be removed from IPC as it was deemed necessary in a volatile India back then.

Sedition law was again upheld in 1962 in the Kedar Nath case, where the SC stated that "...hence any acts within the meaning of Section 124-A which have the effect of subverting the Government by bringing that Government into contempt or hatred or creating disaffection against it, would be within the penal statute," reported The Hindu.

Change In Mindset From The 2010s

In 2011 and 2015, it was noticed that two Private Member Bills were introduced in the Parliament. First by D Raja, Rajya Sabha MP from CPI, and later Shashi Tharoor, Lok Sabha MP from Congress. Both were aimed at changing the meaning of the term 'sedition' and who could be arrested. Furthermore, the Law Commission, in 2018, recommended that the word 'sedition' should be substituted and also suggested more safeguards against the misuse of the Sedition law.

Misusing sedition to curtail freedom of speech even if it is valid, creating an atmosphere of intolerance, and taking punitive measures against innocent, are indicated when it comes to how many people actually got convicted of sedition. As per reports, National Crime Records Bureau (NCRB) statistics revealed that in 2020, 73 cases under the Sedition law were filed, but no one was convicted.

Targetting Freedom Of Speech

The above numbers signify a worrying trend where the government has misused the Sedition law to curtail the open and free platform for people to express their opinions. The worst-hit are the journalists and activists who speak publicly about the government's policies and decisions, reported The Times of India.

For example, Disha Ravi, a young activist, shared a 'toolkit' supporting the farmer's protest online in a global campaign. Journalist Siddique Kapan was arrested while covering the Hathras gang-rape of a 19-year-old Dalit by upper-caste men in Uttar Pradesh.

These instances showcase why India has also dropped in the recent World Press Freedom Index, from 142 (2021) to 150 out of 180 countries in 2022. If India continues down this rabbit hole, journalists, activists, and all the citizens of India will be affected as "Our liberty depends on the freedom of the press, and that cannot be limited without being lost." - Thomas Jefferson.

Also Read: Freedom On Net Report 2021: India Criticised For Internet Shutdowns, New IT Rules