SEDITION LAW - LOVE THY GOVERNMENT?

Abstract

Sedition in India, a 150-year old law find its origin in the colonial era. It curbs enmity, contempt, hatred or hostility towards the government established by law. During the course of the British rule, Section 124-A was intended to indict any speech that as much as questioned the moral superiority of government, that harboured any sentiments of ill feeling towards the state. The post-constitutional era saw the liberal view taken by the Apex Court while adjudicating the offence of Sedition. Expanding the purview of Freedom of Speech and Expression, Supreme Court has been criticising the misuse of Sedition time and again. 21st century saw a rise in misuse of this law of bygone era against media personnel, activists and artists. The year 2014 saw only 1 conviction out of 58 arrests creating a “chilling effect” on free speech due to the threat of punishment and even long-drawn prosecution. In such times where media is required to strengthen the voice of public, from broadcasting unverified videos to quoting preposterous reports, the role played by media has been far from what we call ‘responsible journalism’. Sedition, once introduced by the British Empire in various commonwealth countries, has been discarded by the U.K., New Zealand, South Korea and Indonesia while the U.S. Federal Court has read down some of its provisions, rendering it nearly unenforceable. Facing huge criticism in Malaysia and Australia, this draconian law has been gaining voice for its revocation by international organizations like Amnesty International and HRW time and again.