Nobody would doubt the intention of Prime Minister Narendra Modi to review the Sedition Law (Section 124A), but creating a narrative to say that the law would be scrapped is juvenile. Sections of intelligentsia including judges have argued for review to check its misuse. And the review should not be projected as an exercise to scrap the law.
This Government has no love lost for archaic laws of the British Raj. It has already scrapped more than 1500 such laws from the statutes making the life of an ordinary citizen easier. A similar number of such laws is awaiting to be removed. More than 25,000 compliance burdens have been removed. The symbol of power depicted by red and blue beacon lights has been scrapped for most power structures in the Government including the ministers.
Why the sedition law stays is not a matter of surprise! First Prime Minister Jawaharlal Nehru who was imprisoned by the British and witnessed incarceration of freedom fighters due to misuse of this law saw virtue in bringing restrictions on Article 19 that championed freedom of speech and expression. The very first amendment to the constitution in 1951 was to curb this freedom in the guise of reasonable restrictions. The provision of the constitution of India had become effective from 26 January 1950. The first amendment was made on 18 June 1951.
The provocations were mainly two publications that criticized Nehru on different counts. The first was the Cross Roads magazine which published a series of articles in February 1950 criticizing the Madras government for indiscriminate firing that killed 22 Communist prisoners dead in Salem Central Jail. The State Government banned the circulation and distribution of the magazine. The Second was the Organizer Magazine which criticized the Government’s policy on Pakistan. They were asked to get prior clearance (pre-censorship) before publishing anything on Pakistan policy. The Supreme Court judgements in both cases on 26 May 1950 came against the Central Government. Reasonable restrictions on Fundamental Rights were Nehru’s response to these developments.
Indira Gandhi was unabashedly bold in asserting her authority against adversaries. She made Section 124-A a cognizable offence. Under the new CrPC of 1973, which came into force in 1974, the police could now arrest any person without a warrant. This was more stringent than the provision under the British that mandated a warrant from the magistrate. What was her provocation is not known but she was not liking the way her government was being criticized by the opposition? As a sharp lady who knew no limits to her political ambitions, she wanted to empower herself. She used this law indiscriminately during the Emergency 1975-77 to maim the voice of whoever opposed her government.
The five-judge bench of the Supreme Court in its judgement in the Kedarnath case in 1962 upheld the validity of this law even as it suggested precautionary measures to check its misuse. Kedarnath had accused the Congress of corruption, black marketing and tyranny. The Court held that the purpose of sedition law was to prevent subversion of a lawful government because “the continued existence of the Government established by law is an essential condition of the stability of the State”.
The purpose of Sedition law is to prevent subversion of the State. Let us look at what Section 124A says: “Whoever by words, 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.”
This gives wide powers to the Executive to use this provision against any of its critics. Whether one’s words or speech is creating disaffection is a matter of interpretation and subject to the Courts finding it to be valid which again is subject to interpretation depending upon the conscience of the Judge. The Supreme Court has said there must be “incitement to violence” or “disruption of public order”. What can incite violence in a country ridden with conflict and diversity is a matter or subjective interpretation.
Nehru was opposed to invoking the law of sedition but he did not do anything to remove the law from the statute. Even those who believed in his ideology found the law to be useful to tackle dissent. In recent times, sedition cases were lodged against 9000 people in 2012 when the United Progressive Alliance (UPA) government led by Congress was in power at the Centre. P Chidambaram and Kapil Sibal, who are vociferously advocating scrapping of sedition law were Home Minister and Law Minister respectively during the UPA regime. The agenda to scrap figured in 2019 in the Congress manifesto and not before that.
People were agitating in 2012 against the setting up of nuclear power plant at Kudankulam (Tamil Nadu). A fact-finding committee of independent people had documented that FIRs were lodged against 55,795 people for participating in the agitation. While close to 23,000 people were arrested, about 9000 were booked under Section 124A. The reason was “waging war against the Government of India”.
The sedition clause has indeed been used by the Modi Government as well. But the Government has been facing unheard-of opposition by vested interests backed by political forces that have lost out in the race for power. For example, what should the Government do if some vested interests come and opposed a law passed by both houses of parliament? The anti-Citizenship Amendment Act (CAA) had no basis and was based on speculation and supported by vested interests.
Not only there was an attempt to subvert a democratically elected Government’s right to legislate, but there was also a disturbance to public order since people came on the busy streets and not at designated protest sites to lodge their opposition. The same was the case with the issue of Triple Talaq. Should the Government not look at the ISI and Khalistan connection of the farmers’ agitation that shamed the country by its attack on the Lal Quila? Is mobocracy going to be the new norm in the name of democracy?
Modi has never criticized dissent. Also, criticism of the Prime Minister or various ministers and the Government’s policies never falls in the category of sedition. But if there is a conspiracy to weaken the country by presenting an image that damages our pride, the Government cannot sit idle. While anger or frustration must find a vent, it should not lead to becoming tools in the hand of anti-India forces. This is here that the law of sedition is important.
The misuse of law was evident when Rana couples in Maharashtra were jailed for threatening to recite Hanuman Chalisa in front of the chief minister’s residence. How can the chanting of Hanuman Chalisa disturb peace in a country where every Muslim knows the culture and tradition of the country. Similarly, how can a tweet by Tajinder Singh Bagga against Delhi chief minister Arvind Kejriwal become the ground for a sedition FIR? Intolerance of Mamata Banerjee, chief minister of West Bengal, has also found expression in lodging sedition FIR against critics.
The BJP too has its share of sedition cases. But such cases have not been lodged due to personal reasons or in acts of vendetta. Choices of abuse have been hurled by losers at Prime Minister Modi. These have not become the reason for any sedition FIR. It is only when someone shouted a slogan against the country’s unity or supported terrorism in Kashmir or Naxalism in other parts of the country that the cases have been lodged. Bhima Koregaon case is an example. There were provocative slogans and caste riots as a result of those slogans. The cases were not lodged due to animosities or political reasons.
People talk of the Disha Ravi case. She may be given the benefit of the doubt. But is it not true that she had been a part of the toolkit meant to support farmers’ agitation and defame the Government? Was Disha Ravi not aware that she was doing the wrong thing by aligning with Greta Thunberg who was also a tool of international operators sitting in Canada? Activist Yogendra Yadav has accepted that their job was to create a pitch to bring down the Yogi government in Uttar Pradesh but the batting was to be done by Samajwadi Party chief Akhilesh Yadav. Will it not come under sedition?
The Leftist echo system is such that they can make louder noise because of their presence in media and elsewhere. But this is good since this would allow everyone to have a fresh look at the sedition law. And the best is it is coming at a time when the country is celebrating Azadi ka Amrit Mahotsava on completing 75 years of the country’s independence. The Prime Minister has demonstrated that he is committed to reforms.
“The Honourable Prime Minister believes that at a time when our nation is marking ‘Azadi Ka Amrit Mahotsav’ (75 years since Independence), we need to, as a nation, work even harder to shed colonial baggage that has passed its utility, which includes outdated colonial laws and practices,” the government affidavit before the Apex Court said. The Court has also quoted extensively from the government’s affidavit and has shown appreciation to balance individual liberty with the country’s security concerns.
But those who are trying to create momentum for the scrapping of the law would be in for surprise. The country is against misuse and rightly so. While putting the law on hold, the Supreme Court said: “There is a requirement to balance both sets of considerations (security interests and civil liberties), a difficult exercise. The case of the petitioners is that this provision of law dates back to 1898, pre-dating the Constitution itself, and is being misused. The attorney general had also, on an earlier date of hearing, given some instances of glaring misuse of this provision, like in the case of recital of Hanuman Chalisa”.
The conviction rate under sedition law is indeed very less. It is also true that in most cases the law becomes a political tool to harass adversaries. But is scrapping the law the solution? Will it not be like throwing the baby out with bathwater? With the proliferation of social media, we have seen what it is capable of doing. If there is no fear there would be no disincentive to become a tool in the hands of breaking India forces. If some people are trying to break India and campaign actively for its disintegration, should it not fall under sedition? If some people try to defame the Indian army to damage its reputation, should it not fall in the category of sedition?
Is it not true that the country has witnessed the Partition and the wounds of partition is refusing to die? If the country gives asylum to Hindus and other persecuted minorities from Pakistan and Bangladesh and some vested interests oppose it as a part of a design to undermine the government, should it not fall within the category of sedition? The country has witnessed violent revolts against the Indian State whether in the North East, the Naxal belt of Central India, and terrorism in Jammu and Kashmir. Whether supporters of these divisive movements should not be booked under sedition?
Having a view of these issues is one thing but becoming a tool to strengthen these movements is another. The Indian State is the combined will of those who cherish liberal values and believe in democracy. Should their trust in the State be thwarted just to please certain sections of the society out to destroy the very fabric? This is the issue any review should undertake seriously.
Laws are made with the best of intentions. But when laws get misused, checks and balances are created as per the situation that evolves. The sedition law also needs a similar look. An example is 498A. The law was enacted with the best of intentions to given justice to women folks. Soon it became a tool of exploitation due to false cases being lodged causing a lot of hardship to families. The Court intervened and came up with guidelines to check its misuse.
The writer is the author of “Narendra Modi: the GameChanger”. A former journalist, he is a member of BJP’s media relations department and represents the party as spokesperson while participating in television debates. The views expressed are personal.