Sedition
in simple words can be termed as conduct or speech encouraging people to rebel
against the authority or the government. It can be through anything such as speech,
action or any direct or indirect means stating disaffection towards the
established government. According to the sedition act of India, whoever, by
words, spoken or by written or by visible representation brings or attempts to
bring hatred or discontent or excites disaffection towards the government
established by law shall be punished with imprisonment with fine or extended
imprisonment added with or without fine. History of this sedition act in India
can be traced back to the pre-independence period; it was included in the IPC
(Indian Penal Code) by the British back in 1870 exclusively to censure the
voices of the freedom fighters and the media. Mahatma Gandhi , also a victim of
this law, eloquently critiqued disaffection towards the government as grounds
for sedition by saying, ”Affection cannot be manufactured or regulated by the
law. If one has no affection for a person, one should be free to give the
fullest expression to his disaffection, so long as he does not contemplate,
promote or incite to violence”. The law was quoted as “the prince among the
political sections of the India Penal Code designated to suppress the liberty
of the citizen”. Later when India got freedom, Indian leaders realized the
danger posed by this law to freedom of speech and expression, contained in
article 19(1)(a) of the Indian constitution. Sedition was dropped by the
constituent assembly through an amendment from the list of restrictions on this
fundamental right.
Famous names to have faced sedition charges include Arundhati Roy,
Syed Geelani and the alleged Maoist Dr Binayak Sen. The booker prize winning
novelist and human rights campaigner Arundhati Roy is facing arrest for
claiming that the disputed territory of Kashmir was not an integral part of
India. These were some of the famous faces arrested for sedition charges. Also the
recent JNU sedition case was up for a while, earlier the JNU organized an event
on parliament attack convict Afzal Guru who was hanged in 2013. This was to be
done the day after Guru’s third death anniversary. Event organizers had pasted
posters across the campus inviting students to gather for a protest march
against “judicial killing of Afzal Guru and Maqbool Bhat: and in solidarity
with the struggle of Kashmiri migrants at the Sabarmati Dhaba in the campus. The
programme called “A country without a post office— against the judicial killing
of Afzal Guru and Maqbool Bhatt”, was supposed to showcase the protest through
poetry, art and music. This set off the row, with the Members of the Akhil
Bharatiya Vidyarthi Parishad (ABVP) staging a protest to demand expulsion of
the organisers. The university administration ordered a “disciplinary” enquiry and said the event organizers
“went ahead without permission.” ABVP members alleged that the protest march
consisted of students shouting ‘anti-India’ slogans. A purported video from the
event shows students shouting anti-India and pro-Pakistan slogans. Students in
the video are heard saying slogans like: “Kashmir ki azai tak bharat ki azadi
tak, jang rahegi jari”. A case of sedition against several unknown students was
lodged at Vasant Kunj (North) police station. It was registered under IPC
Sections 124A (sedition), 120B (criminal conspiracy) and 34 (acts done by
several persons with a common intention). The university also initiated action,
barring eight students from academic activity pending an enquiry, though they
would be allowed to stay as guests in the hostels.
Sedition
law is said to be the prince among the sections of IPC , in terms of repressing
the freedom of the people. If your act has tendency to cause disaffection
towards the government, you will be charged guilty of sedition. Bal Gangadgar
tilak was tried on three occasions before Mahatma Gandhi was charged, for his
writings in Maratha and the Kesari. On two occasions he was found guilty
amongst the three. Even Annie Besant was charged with sedition. Sedition was
known as a law before independence which was something used against the political
leaders by the British to crush the political opponents. The funny thing is
Mahatma Gandhi and Tilak when charged with sedition were imprisoned for 6 years
and now while the Indian government is in power it has become a life
imprisonment, basically we are getting better than the British. At the time
when constituent assembly was debating on Freedom of speech and expression, it
was strong opposition to mention sedition as an exception. Jawaharlal Nehru was
in strong belief that this sedition law should be removed and it is considered
as only a black law. Nehru’s government decided to amend the Constitution
inserting the words “public order” and “relations with friendly states” into
Article 19(2) and the word “reasonable” before “restrictions”, which was meant
to provide a safeguard against misuse by the government. In the debates that
followed in Parliament, Nehru clarified that he was not validating existing laws
like sedition through this amendment. It wasn’t included in the constitution
but is wasn’t even changed in the IPC. The Court upheld the constitutionality
of the sedition law, but at the same time curtailing its meaning and limiting
its application to acts involving intention or tendency to create disorder, or
disturbance of law and order, or incitement to violence. The judges observed
that if the sedition law was to be given a wider interpretation, it would not
survive the test of constitutionality. Because of this over the last few
decades people have been charged by sedition till date. Sedition law is such a
harsh law that it is been used to keep the people behind bars for years
together. And the objective of keeping the activists shut and behind bars is met. But after all,
this law was amended years back and it hasn’t stopped people from doing what
they want to. Provoking people against the government is not good either. There
are sides for every action taken, eventually every single person breaking laws
is going to be held under some or the other sections.
