Issues With Sedition Law: Relic of Colonial Era:  Colonial a | Deepak UPSC Notes

Issues With Sedition Law:

Relic of Colonial Era: 

Colonial administrators used sedition to lock up people who criticised the British policies.

Stalwarts of the freedom movement such as Lokmanya Tilak, Mahatma Gandhi, Jawaharlal Nehru, Bhagat Singh, etc., were convicted for their “seditious” speeches, writings and activities under British rule.

Thus, rampant use of the sedition law recalls the colonial era.

Stand of Constituent Assembly: 

The Constituent Assembly did not agree to include sedition in the Constitution. The members felt it would curtail freedom of speech and expression.

They argued that the sedition law can be turned into a weapon to suppress people’slegitimate and constitutionally guaranteed right to protest

Disregarding Supreme Court’s Judgement: 

Supreme Court in Kedar Nath Singh vs State of Bihar case 1962, limited application of sedition to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”.

Thus, invoking sedition charges against academicians, lawyers, socio-political activists and students is in disregard of the Supreme Court’s order.

Recent Developments:

In February 2021, the Supreme Court (SC)protected a political leader and six senior journalists from arrest, for allegedly tweeting and sharing unverified news, in multiple sedition FIRs registered against them.

In June 2021, the SC while protecting two Telugu (language) news channels from coercive action by the Andhra Pradesh government emphasized on defining the limits of sedition.