Sedition Law upsc: In a historic judgement, the Supreme Court of India on May 11, 2022, allowed the Central Government to reconsider the provision of Section 124A (sedition) of the Indian Penal Code. It is the first time in 162 years that the operation of a provision of sedition has been suspended.
After the Supreme Court’s judgement, the controversial Sedition law in India will be paused while the Central Government reviews it. The judgement has impacted hundreds charged under the colonial-era relic and those jailed for sedition can now approach courts for bail.
Sedition Law was originally enacted in 17th century England when the lawmakers believed that only the good opinions of the government should survive. The law was then borrowed and inserted into Section 124A of IPC in 1870, by the British.
SC keeps in abeyance sedition law till review; asks Centre, States not to register cases
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What is Sedition Law?
The Sedition law- Section124A of IPC states-"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."
Sedition meaning- Sedition is defined as any action that brings or attempts any form of hatred or contempt towards the Indian Government. Sedition has been illegal in India since 1870 and it falls under Section 124A of the IPC.
Sedition Law puts on hold in India: 10 key points
1. The Supreme Court has ordered that no new FIRs will be filed for Sedition and all the pending cases will be on hold while the Government reconsiders the law.
2. The Supreme Court was referring to the petitions that challenged the law alleging its misuse in the cases such as in Maharashtra, where it was invoked over the chanting of Hanuman Chalisa.
3. The Chief Justice of India NV Ramana said, “It will be appropriate not to use this provision of law till further re-examination is over. We hope and expect that Central and State government will desist from registering any FIR under 124A (Sedition Law) or initiate the proceeding under the same till re-examination is over.”
4. The Chief Justice further added that if any fresh cases are filed under Sedition law, those charged can approach the court.
5. Earlier in 2021, the Supreme Court of India had also expressed its concern over enormous power of misuse of the sedition law in the country and had asked why it should not scrap the colonial law.
6. The Central Government on May 9, 2022, had announced its decision of reviewing the sedition law, however, it argued today that while it reviews the law, it should not be paused.
7. The Central Government also suggested that for now, a police officer of the level of Superintendent or above could decide whether a Sedition charge should be filed.
8. The Government further added that there may be terrorism charges too in the cases filed under Sedition law. These pending cases are not before the government or police but are before the court.
9. The petitioners opposed the government’s stand on the law and urged the Supreme Court to pause the Sedition Law until the government’s review is over.
10. The Senior lawyer Kapil Sibal, who was representing the petitioners said that there were over 800 cases of Sedition across the country and 13,000 people were in jail.
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