Sedition Case. What is It ?
Source : Indian Express
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Why in News ?
Lakshadweep police registered a case of sedition against local resident and film activist Aisha Sultana for calling the Union Territory’s administrator Praful K Patel a bio-weapon being used by the Centre on the island’s people.
Key Facts
- The case was registered at Kavaratti police station based on a complaint and register under Section 124 A of IPC (sedition).
- Background
- Campaigns against the reforms and proposed legislation in Lakshadweep
- Proposals are aimed at ensuring safety and well-being of residents.
- Also promoting the islands as a tourist destination on par with Maldives
- But residents view them as ripping the social and cultural fabric of the islands.
Sedition Case. What is It ?
- Section 124A in The Indian Penal Code :
- 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 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.
- The expression “disaffection” includes disloyalty and all feelings of enmity.
- 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 shall be
- Act not a falls under sedition ?
- 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.
- 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.
- Section 153A and Section 505 of the Indian Penal Code 1860 also are considered sedition.
- Section 153 A :
- Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
- Punished with imprisonment which may extend to three years, or with fine, or with both.
- Section 505 :
- Whoever makes, publishes or circulates any statement, rumour or report, with intent to cause, or which is likely to cause, any officer, soldier, 3[sailor or airman] in the Army, 4[Navy or Air Force] 5[of India] to mutiny or otherwise disregard or fail in his duty.
- Fear or alarm to the public, or to any section of the public or any class or community of persons whereby any person may be induced to commit an offence against the State or against the public tranquility
- They may attract with imprisonment which may extend to 3 years or with fine, or with both.
- Section 153 A :
Criticism and views against Sedition
- India inherited the sedition law from the British.
- Sedition law is one of the most abused laws.
- It is inconsistent with the constitutional guarantees.
Kedar Nath Singh vs State of Bihar
- Constitution Bench of the top court upheld the validity of section 124A (sedition) of the IPC.
- But restrict the colonial-era law’s scope for misuse by trying to demarcate the difference between which acts amounted to sedition and which ones did not.
- Any act that had the “effect of subverting the Government” by violent means or creating public disorder would come within the definition of sedition.
- It also upheld Section 505 (statements conducive to public mischief) as constitutionally valid.
- The court ruled that disapproval of the measures of government with a view to their improvement or alteration by lawful means is not sedition.
- Kedar Nath’s appeal was rejected after the Bench held that his words did not fall within the purview of the definition of sedition.
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