Chinmaya IAS Academy – Current Affairs Chinmaya IAS Academy – Current Affairs
Recently, a Journalist was charged with Sedition by the Assam Police for allegedly promoting animosity between the Assamese and Bengali-speaking people of Assam.
Important points:
- Sedition laws were enacted in 17th century England when lawmakers believed that only good opinions of the government should survive, as bad opinions were detrimental to the government and monarchy.
- The law was originally drafted in 1837 by Thomas Macaulay, the British historian-politician, but was inexplicably omitted when the Indian Penal Code (IPC) was enacted in 1860.
- Today the Sedition is a crime under Section 124A of the Indian Penal Code (IPC).
Section 124A IPC:
- It defines sedition as an offence committed 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”.
- Disaffection includes disloyalty and all feelings of enmity. However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offence under this section.
- It is a non-bailable offence. Punishment under the Section 124A ranges from imprisonment up to three years to a life term, to which fine may be added.
- A person charged under this law is barred from a government job.
- They have to live without their passport and must produce themselves in the court at all times as and when required.
Significance:
- The constitution of India prescribes reasonable restrictions (under Article 19(2) that can always be imposed on this right in order to ensure its responsible exercise and to ensure that it is equally available to all citizens.
- Sedition law helps the government in combating anti-national, secessionist and terrorist elements.
- It helps in protecting the elected government from attempts to overthrow the government with violence and illegal means. The continued existence of the government established by law is an essential condition of the stability of the State.
Way Forward
Section 124A of the IPC has its utility in combating anti-national, secessionist and terrorist elements. However, Dissent and criticism of the government are essential ingredients of robust public debate in a vibrant democracy. They should not be constructed as sedition.
SOURCE: THE HINDU, THE ECONOMIC TIMES,MINT
