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Sedition Laws: A Sedative Drug of the Powerful | By Ojaswini Jain


In the last few months, there have been sedition highlights against a range of people across India to that extent where it won't be wrong to say that India has become sedative enough to misuse it. Unquestionably, dissent, criticism of the government, questioning politicians-all of which are fundamental and essential to a democracy, have come to be treated as sedition by police and a section of the magistracy in the prevalent political order. Such terrorizing critics and protesters endanger the very idea of democracy. The British brought in this law to crush the freedom struggle and terrorize those who might "wage war" against the government. Under section 124A, sedition is a non-bailable offense, punishable with jail from three years to a life term. Sedition is when "any person 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. 

A person charged under Sec 124 is barred from a government job, deprived of a passport and required to appear in court at all times as and when required. In the 150 years since then, this draconian colonial relic, which even the British have now abolished, has been only misused, more so, after Independence. The frequency of its widespread use as a weapon of political repression against numerous people, including teenagers and children in recent times, is staggering. The data also shows that while the number of sedition cases filed has been going up every year (numbers for sedition cases started being recorded from 2014) in the last four years, only four cases actually resulted in a conviction. So, how useful is the sedition law?

The foremost objection to the provision of sedition is that its definition remains too wide. ‘Overbroad’ definitions typically cover both what is innocuous and what is harmful. Under the present law, strong criticism against government policies and personalities, slogans voicing disapprobation of leaders and stinging depictions of an unresponsive or insensitive regime are all likely to be treated as ‘seditious’, and not merely those that overtly threaten public order or constitute actual incitement to violence. In fact, so mindless have some prosecutions been in recent years that the core principle enunciated by the Supreme Court — that the incitement to violence or tendency to create public disorder are the essential ingredients of the offense — has been forgotten. It was pretty evident in the Bidar case, where a parent and the principal of a school were charged with sedition for staging a play critical of the CAA, we saw that it was used — or rather misused — to bully and terrorize small children and a young woman. So, I think when the state begins to terrorize people with laws, then we are dangerously flirting with fascism. The Supreme Court, in its interpretation of Section 124A, clearly says that it has to be against the state, not against the government. you can criticize the BJP, the Congress, the Communist parties. That is not sedition. When you start criticizing the constitutional state of India, that is when you invite the charge of sedition and even there the Supreme Court clearly says that there has to be a direct incitement to violence. So, sedition is a very specific and a very serious offense, and when it is used to silence and terrorize the ordinary citizen who is raising a grievance as it was and is being used, it is terrorism by the state.

The most famous victim of Sec 124A tried in 1897, was Lokmanya Tilak for his writings in his newspaper Kesari. He was sentenced to prison, as was Mahatma Gandhi for his writings in Young India. Such cases reinforced the perception that this law was for muzzling freedom of speech and expression and browbeating government’s critics and activists. The government’s character changed in 1947, but its propensity for recourse to this law remains unchanged. In years past, those charged include Arundhati Roy (2010), Binayak Sen (2007), cartoonist Aseem Trivedi (2012) and politicians Praveen Togadia (2003) and Simranjit Singh Mann (2005). The Tamil Nadu police slapped sedition cases against thousands during the protests against the Kudankulam Nuclear Power Project in 2012-13. Decades earlier, in 1980-81 when, in the name of curbing Naxalites, Tamil Nadu cracked down on civil liberties activists and agricultural labor, hundreds of people were charged with sedition.  However, no case has sparked off so much outrage as the one against Bengaluru journalism student Amulya Leona Noronha, 19, for raising 'Pakistan Zindabad (Hail Pakistan)' slogans was charged with sedition, which can attract a maximum punishment of life imprisonment, for the sloganeering at a protest held against the Citizenship (Amendment) Act in Bengaluru on February 20. Can chanting “Pakistan zindabad” without an intention to bring about disaffection against the government be deemed seditious? Clearly not. In fact, the Supreme Court has condoned similar statements made in even more drastic circumstances and has criticized police officials who had failed to apply their minds in moving prosecutions for sedition. The most important thing here is in what context and pretext the slogans were raised, India was neither at war with Pakistan nor had it been declared an enemy country. Also, it was raised in good faith of both the countries. In the Balwant Singh vs State of Punjab (1995) case, the Supreme Court had clarified that merely shouting slogans, in this case, Khalistan Zindabad, does not amount to sedition. Evidently, the sedition law is being both misunderstood and misused to muzzle dissent. What then is the way out of this cloak-and-dagger game that abuses the process of law and infringes on citizens' right to life and personal liberty? The Supreme Court has before it a petition by activist Yogita Bhayana, asking it to issue an order directing the Centre to constitute a committee to scrutinize sedition complaints and adhere to judgments by the apex court before registering an FIR under Section 124A. Justice Reddy says sometimes courts should take up matters suo moto. "Except people freely expressing their opinion and timely intervention by the courts, what else can be done?" he wonders.

Antidote Maybe?

When a young person, unaware of the coming storm, tweets out something about a political leader, which lands him in judicial custody—where he is faced with a world unknown to him—surrounded by real criminals, what must run through his/her innocent mind? Staying in a place like this might naturally induce a feeling of guilt, of doing something wrong (which might not be the case), will that same person, after getting released from the jail (at least we have an institution like Supreme Court which is still capable of protecting the constitution from the very people who swore to uphold it), dare to voice his dissent ever again? Although one can be sure that a  section like this is not being eliminated any time sooner. A tool as handy as this, which could not only earn nationalism brownie points to the political leaders and also, put the critics behind the bars, is quite tempting and a sedative to the power chairs. My position is that the time has come for the judiciary to set up a search committee in every State, and a particular judge of the High Court has to suo moto check each sedition case being filed. And if it is baseless, if it has been used to only terrorize the ordinary citizen expressing his views, it must be quashed without putting the onus on the citizen to come to the court. It’s true that the police have become totally politicized, but who is to stop this? Who is to guard us? It is the judiciary that has been charged with this job and they can’t expect the ordinary citizen to always come to the court. Unfortunately, Our legal aid system is just not as robust as it should be.  Berating the country or a particular aspect of it, cannot and should not be treated as sedition. If the country is not open to positive criticism, there lies little difference between the pre and post-independence eras. The right to criticize one’s own history and the right to offend are rights protected under free speech. It also pointed out that the UK too had done away with this offending section 10 years ago. If the Britishers used the sedition law to check dissenters back then, India’s political class now seems to be using it to crush anyone questioning its actions. For now, the guillotine of sedition threatens to silence our very basic freedom and right to speech.

REFERENCES:
  1. https://www.livemint.com/news/india/sedition-cases-in-india-what-data-says-11582557299440.html
  2. https://www.indiatoday.in/india-today-insight/story/how-the-sedition-law-has-become-a-weapon-to-muzzle-dissent-1650030-2020-02-26


Ojaswini Jain
B.A.LL.B (Hons)
Batch 2024
Banaras Hindu University, Varanasi







*Any opinions, findings, conclusions or recommendations expressed in this write-up are those of the author and do not necessarily reflect the views of SCRIPTUM Blog.


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