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Perversion of Sedition Law: A Critical Analysis

Article 124A of the Indian Penal Code (IPC) traces its origins to a British-era law notorious for its misuse by successive Indian governments. This law, commonly known as the sedition law, has been a contentious issue in India's legal landscape, particularly due to its implications for free speech and democratic values.

124A of Indian Penal Code: The Sedition Law 

Section 124A of the IPC defines sedition as any act or speech that aims to bring hatred or contempt towards the government of India. Punishments under this law include imprisonment for life or up to three years, along with fines. Despite India's independence, this law remains in force, albeit without the explicit term 'sedition' in its text.

Origin and Evolution 

Introduced in the 1870s, sedition was initially part of Macaulay’s Draft Penal Code and later integrated into the IPC by the British to suppress dissent against colonial rule. Pre-independence, it was famously applied against freedom fighters like Bal Gangadhar Tilak and Mahatma Gandhi. Post-independence, efforts to remove 'sedition' from the constitution were unsuccessful, and it continues to be enforced under Section 124A.

Functions of Section 124A 

Section 124A serves to safeguard the government against internal threats and is aimed at preventing insurgencies and terror activities that challenge the elected government's authority.

Issues with the Law 

Critics argue that Section 124A is fundamentally flawed and its constitutionality has been repeatedly questioned. The vague terms like 'disaffection' and 'hatred' used in the law are open to broad interpretation, leading to its misuse against journalists, activists, and dissenting voices.

Perversion of the Law 

Despite being a relic of colonial rule, Section 124A continues to stifle free speech in democratic India. It has been misused to suppress legitimate criticism and dissent, undermining the principles of democracy and free expression guaranteed under Article 19(1)(a) of the Constitution.

Recent Trends and Misuse 

Recent years have seen a surge in sedition cases, often in response to political dissent or criticism of government policies. The conviction rates are notoriously low, raising concerns about the law's misuse as a tool of suppression rather than protection of national security.