The Law Commission has recommended retaining the sedition law, a year after the Union government said it would re-examine the law and the Supreme Court stayed the operation of Section 124A of the Indian Penal Code (IPC). In its 88-page report, the Law Commission headed by Justice Ritu Raj Awasthi has also proposed strengthening the law by increasing the jail term. This colonial-era law, which the British used to target its critics, has become a tool to curb dissent in Independent India.
The Law Commission has proposed amending the law to include the words “tendency to incite violence or cause public disorder”. It defines tendency as “mere inclination to incite violence or cause public disorder rather than proof of actual violence or imminent threat to violence.” The panel’s recommendation is based on the Supreme Court’s 1962 judgement in the Kedar Nath Singh Vs the State of Bihar case. The top court had then held that the sedition law can be invoked only when the words or actions lead to or tend to lead to violence or public disorder.
The Commission argues that the present reading of Section 124 A is vague and confusing and including the word tendency in the law would bring about more clarity in the interpretation, understanding and usage of the provision.
To understand the repercussions of the law, watch this episode of ‘Let Me Explain’ with Anna Isaac. She also speaks with Apar Gupta, lawyer and director of the Internet Freedom Foundation on why the report has been criticised for lacking depth and reasoning.
