Amidst the debate over sedition turning hotter day by day, arouses a certain need for understanding the actual meaning and motive of this law.
124-A is one of the most debated topic today, and most of the people are completely blinded by a certain ideology which restricts their vision making sedition law partially visible to them. When other people of the society start looking at this law with different views and dimensions, the motive of the existing law is completely defeated.
Looking back at the history, article 124-A has its place in the Indian Penal Code (IPC) since 1870. However, 3 explanations were added to it in 1898 amending this section. This amendment was done with a view to change the monarch perspective of the law.
Section 124 A of the Indian Penal Code (known as the sedition law) is as follows:
“124A. Sedition.—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, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity.
Explanation 2.—Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3.—Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.”
Ø PROBLEMS FACED BY THE LAW
- Misunderstanding the law.
- Looking it as a law drafted by the Britishers (which is apparently true), but the motive has changed today.
- Looking at law of sedition as a law of monarchy rulers.
- Misuse of law by putting this charge unnecessarily, even when the said conditions are not fulfilled.
- Giving self judgements without understanding the law.
Ø WHAT IT DOES NOT MEAN?
- We live in a democratic country where the one who attracts maximum votes of the people is said to be the representative of people. However, the minority votes cannot be ignored. The government has to be accepted by the country but that doesn’t leads to infringement of right to criticize the government. Even if one carries an unfavourable opinion about something, it is not a sufficient ground to prove that the person carries enmity or disloyalty towards the government.
- The gist of the offence is that the person addressed must be provoked or incited to disorder. Mere expression using abusive language, which neither was intended nor did provoke anyone, could not amount to the offence. This provision applies to publications, speeches, drama, poetry, novel etc. But if seditious writing is not published and remains with the author, it doesn’t constitute to the offence. (This is the reason why the law against defamation- section 499 of IPC is seen as a solution to the problem where disclosure or publication of defamatory words, signs etc. is essential.)
- Suggesting changes in any government policy, working or procedure doesn’t amounts to sedition. A general criticism always has its place. Commenting in a strong manner with a view to improvement is not same as disloyalty towards the government.
Ø WHAT IT DOES MEAN?
- Anything spoken or written which carries the essence of hatred in itself for the government and which intends or would lead to violence or public disorder, would be seditious.
- Criticism of government within reasonable limits is consistent with the freedom of speech and expression (Article 19). There is a difference between opposing something being aware about and being violent for the same. The law of sedition ensures that violence and public disorder is restricted. Also the feeling of ‘enmity’ is not promoted. Expressing disapproval without provoking and promoting disaffection would not lead to committing the offence.
- In case, where the people who are addressed by the words spoken or written could have been provoked with the feeling of contempt and hatred towards the government leading to violent actions, the offence is committed. The attempt to create hatred, whether successful or unsuccessful would amount to the offence. The circumstances, place and conditions are also to be considered.
Law against sedition is not defending the government but the whole society. Sedition is a crime against society as the government is the representation of majority of people who elected them. One must be aware of their rights and oppose everything which is wrongful.