Debating The Desirability Of Sedition Law In Modern India

Sasmit Shailesh Powale, B.M.M. (Journalism) M.A. Political Science, P.G. Diploma in International Studies, Student at Government Law College, Churchgate, Mumbai

ABSTRACT

The May 11th 2022 judgement of the Supreme Court of India suspended use of IPC 124 Sedition law till it is reviewed. This has once again stirred the pot of discussion around the topic. This article debates the desirably of sedition law in 21st century India. After briefly going over its origin and historical significance, the article positions IPC 124A in its proper geo-political and historical context while arguing for its continuance. The prevailing threat perceptions of the nation, the author believes, have not been sufficiently addressed when discussing utility of IPC 124A. The article also questions it much despised ‘colonial’ tag and studies if that argument holds water. And then it delves into the language employed in law from which stems much of the concern and contestation. This article also draws attention to the statistics provided by National Crime Records Bureau while analyzing its misuse. At the end the article proposes amendment of the law in the light of Supreme Court judgements, responsibility of citizens, available alternatives and bills previously presented to rectify the law. In conclusion the article underscores the importance of availability of free speech to critique the government by highlighting two worst human atrocities conducted in India’s neighborhood and provides caution to the people and government.