Explained: What is Sedition Law in India?

While hearing a batch of petitions, the Supreme Court challenged the constitutionality of Section 124A and pronounced that no new cases could be filed under Sedition. The court further added that the existing cases under sedition can apply for bail and release immediately.

Earlier, the Supreme Court termed it a colonial law used against the freedom fighters of India and questioned the need for the law after 75 years of Independence.

Concerned over the enormous misuse of the sedition law, a bench headed by Chief Justice NV Ramana issued notice to the Centre. The court asked the Centre why it is not scrapping the colonial-era penal law on sedition, which was used by the British to 'silence' people like Mahatma Gandhi to suppress the freedom movement.

"Sedition is a colonial law. It suppresses freedoms. It was used against Mahatma Gandhi, Tilak... Is this law necessary after 75 years of Independence?" Chief Justice Ramana, heading a three-judge Bench, orally addressed Attorney General K.K. Venugopal and Solicitor General Tushar Mehta, appearing for the Centre.

He further added that the use of sedition is like giving a saw to the carpenter to cut a piece of wood and he uses it to cut the entire forest itself. 

The bench was hearing a petition filed by Major-General S G Vombatkere (Retd), who challenged the Constitutional validity of section 124A (sedition) of the IPC because it causes a "chilling effect" on the fundamental right of free speech. 

Attorney General Venugopal argued that Section 124A of the IPC should be retained with "guidelines".

“It is enough to see if there were any excesses in its use and limit the Section to its real purpose… That would be enough,” Attorney General Venugopal said.

Solicitor General Tushar Mehta submitted that once the Centre files its reply to the petition,  the court's task will be easier. 

Solicitor General Tushar Mehta told the court, "We will file our reply and that would lessen the burden of the court."

What does the petition filed against Sedition Law say?

Major-General SG Vombatkere (Retd) pleaded, "Sedition is a legal relic from the times of colonial rule, it has been removed from the British statute book and deserves to be struck down for our republic."

The petition filed by Major-General SG Vombatkere (Retd) stated that criminalising expression based on unconstitutionally vague definitions of 'disaffection towards Government' or 'Contempt against Government', etc. are unreasonable restrictions on the fundamental right to free expression guaranteed under Article 19(1)(a) and causes a chilling effect on free speech.

It further states that there is a need to take into consideration the march of the times and the development of the law before dealing with Section 124A.

The petitioner argued that in the 1962 Kedar Nath vs State of Bihar case, the SC upheld the Sedition law. At that time, doctrines such as the ‘chilling effect’ on free speech were unheard of.

What is Sedition Law?

Section 124A of IPC deals with Sedition. It was drafted by Thomas Babington Macaulay and included in the IPC in 1870.

Sedition Law states, "Whoever, 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, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine." 

Sedition Law: Punishment 

1- It is a non-bailable offence.

2- Punishment ranges from imprisonment up to three years to a life term, fine may or may not be added. 

3- No government job for the person charged for the offence of sedition. 

4- The person charged under this law has to live without a passport and must appear before the court as and when required. 

Introduction of Sedition Law

With the idea that only good opinions of the government must survive, the 17th-century lawmakers of England enacted the Sedition laws. They believed that criticism was detrimental to the government and monarchy. 

Originally drafted by British historian-politician Thomas Macaulay in 1837, the law was omitted in 1860 after enacting the Indian Penal Code (IPC). 

Sir James Stephen introduced an amendment in 1870, and Section 124A was inserted in the IPC. Sedition is one of the many draconian laws to stifle the voices of dissent. 

Sedition trials during the Colonial-era

1- Trail of Jogendra Chandra Bose: In 1891, Jogendra Chandra Bose, the editor of Bangobasi newspaper, wrote an article critical of the government. He criticised the Age of Consent Bill for posing a grievous threat to the religion and its coercive relationship with Indians. 

2- Trails of Mahatma Gandhi and Shankerlal Banker: In 1992, Mahatma Gandhi was charged along with Shnkerlal Banker, the proprietor of Young India, for three articles published in the weekly.

3- Trail of Bal Gangadhar Tilak: Bal Gangadhar Tilak was charged with sedition for exciting disaffection through his article in the Kesari.

Supreme Court Judgements on Sedition Law

1- Brij Bhushan vs the State of Delhi and Romesh Thappar vs the State of Madras case: The Supreme Court underlined the debates over sedition in 1950 and held that a law that restricted speech on the ground that it would disturb public order was unconstitutional. It further held that disturbing the public order means endangering the foundations of the State or threatening its overthrow.

As a result, the First Constitution Amendment took place that replaced “undermining the security of the State” with “in the interest of public order” in Article 19 (2) of the Indian Constitution.

2- Kedar Nath Singh vs State of Bihar case: The Supreme Court upheld the constitutionality of sedition in 1962 but restricted its application to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”. It further distinguished these from  “powerful speech” or the use of “vigorous words” strongly critical of the government.

3- Balwant Singh vs State of Punjab case: In 1995, the Supreme Court held that mere sloganeering, which evoked no public response, is not sedition.

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