75 years ago, on August 15 India gained independence from British rule after nearly 200 years. However, India still follows colonial laws like sedition which were used by the British to suppress freedom fighters.
On this independence day, India asks that the colonial law of Sedition used against Mahatma Gandhi, Tilak and other freedom fighters be necessary after 75 years of freedom.
What is Sedition Law?
Section 124-A of the Indian Penal Code dealing with the charges of sedition, says, “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 which may extend to three years, to which a fine may be added; or, with fine."
It was drafted by Thomas Babington Macaulay and was included in IPC in 1870.
Sedition is a non-bailable offence and the penalties under the law range from imprisonment for up to three years to a life sentence and a fine. A person charged under this law is not eligible to apply for government jobs. They are forced to live without their passports and must appear in court as and when required.
“Threat to Democracy”
The British used the sedition law to suppress dissent and arrest freedom fighters like Mahatma Gandhi and Bal Gangadhar Tilak who criticised the colonial administration's policies.
Following Independence, the framers of the Constitution spent a significant amount of time debating various areas of colonial law. K.M. Munshi, one of the most outspoken opponents of the sedition law, stated that such severe law is a "threat to India's democracy". “As a matter of fact, the basis of democracy is government criticism,” he asserted.
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Issue with Sedition laws
The sedition law was supposed to be used only in rare cases where the country's security and sovereignty were threatened, according to the Kedar Nath judgment in 1962. However, there is evidence that this law has been used to suppress people and free speech against political opponents.
The Narendra Modi government has been accused of abusing sedition laws in order to arrest those speaking out against the government.
25 sedition cases were lodged following the anti-Citizenship Amendment Act protests, 22 after the Hathras gang rape, and 27 after the Pulwama tragedy, according to the most recent data suggesting BJP is using laws of sedition to silence people who spoke out against the administration.
Rise in Sedition cases in Modi Era
According to several media reports, the number of sedition cases has risen significantly after 2014, since the Narendra Modi government came into power.
A report by website Article 14 says, since 2010, approximately 11,000 people have been charged in 816 sedition cases, with 65 percent of them being charged after Modi took office in 2014. Opposition politicians, students, journalists, authors, and academics are among those charged with sedition.
As of February 2021, 405 Indians were charged with sedition in the last decade, with 96 percent of the cases being filed after 2014. Of these 149 were accused of voicing "critical" and/or "derogatory" remarks against Modi and 144 against Uttar Pradesh Chief Minister Yogi Adityanath.
According to the National Crime Records Bureau, sedition charges have increased by 163 percent; from 47% in 2014 to 93% in 2019. The conversion rate from cases to convictions, on the other hand, is only 3%. This demonstrates how the police and other state authorities are indiscriminately using sedition laws to induce terror among citizens and silence any criticism or opposition against the government.