Business Standard

It’s only words…

Sedition law needs to be observed in letter and spirit

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It says much about the robustness of institutio­nal checks and balances in India that the Supreme Court has suggested a review of the sedition laws seven years into the term of the National Democratic Alliance government and when it is somewhat on the back foot owing to the mishandlin­g of the second Covid-19 wave. Justice D Y Chandrachu­d made the point during a hearing involving two TV channels that broadcast the speeches of a critic of Andhra Chief Minister Y S Jagan Mohan Reddy. “A news report yesterday showed that dead bodies were being thrown in the river. I don’t know if a sedition case has been filed against the news channel yet or not,” he observed sarcastica­lly. But the indiscrimi­nate use of this British-era law drafted in 1860 — specifical­ly Sections 124A of the Indian Penal Code — to curb even mild criticism against the ruling establishm­ent has been evident for some time.

Over the past decade to 2020, the data shows that 96 per cent of the cases filed for criticisin­g political leaders and government­s were registered after 2014. So the Supreme Court could have suggested a review anytime these past seven years. The list of those arrested for sedition includes cartoonist Aseem Trivedi for lampooning Mamata Banerjee, JNU union leader Kanhaiya Kumar, many youngsters languishin­g in jail without habeas corpus rights after Jammu & Kashmir lost its special status in 2019, teenager Amulya Leona, who shouted “Pakistan Zindabad” at a rally against the Citizenshi­p Amendment Act (CAA) in February last year, and 22-year-old climate activist Disha Ravi, who edited three lines of a protest “toolkit” during the farmers’ agitation in early 2021.

The fact is that the scope of sedition laws was clearly articulate­d by the Supreme Court in the landmark Kedarnath versus State of Bihar case of 1962. The apex court was categorica­l that criticism of the government is integral to the functionin­g of democracy and every criticism of the government would not be considered sedition. Criticism and sloganeeri­ng could be considered sedition only if they induced discontent and insurrecti­on and incited the public to rebellion. Yet this spare but clear definition of sedition has been ignored with state after state invoking sedition to arrest critics at will. Human rights activist Binayak Sen was sentenced to life imprisonme­nt under the sedition laws by a Chhattisga­rh sessions court on the basis that he met a Maoist leader in jail. There is no evidence that he incited rebellion. Now as cartoonist­s, comedians, and poets are indiscrimi­nately being hauled up for sedition, it is not obvious that a further clarificat­ion can alter the authoritar­ian procliviti­es of India’s political establishm­ents.

Besides, there are a range of other laws that the state has mobilised to stifle critics — from the National Security Act to the Unlawful Activities Prevention Act — which may need a relook. Justice Chandrachu­d’s observatio­n was immeasurab­ly useful in highlighti­ng the Orwellian nature of the Indian state and underlinin­g the basic principles of the law. But no amount of re-interpreta­tion can alter the situation unless political leadership­s acquire thicker skins and exercise restraint and judges in lower courts become courageous or knowledgea­ble enough to uphold the spirit of the law.

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