Editorial: Change of mind on sedition

The NDA government’s sudden decision to take a relook at the sedition law, a piece of colonial baggage, is a welcome move but the Supreme Court, which is hearing a batch of petitions on the matter, must be allowed to take the review process to its logical conclusion. One can only hope that the government’s […]

The NDA government’s sudden decision to take a relook at the sedition law, a piece of colonial baggage, is a welcome move but the Supreme Court, which is hearing a batch of petitions on the matter, must be allowed to take the review process to its logical conclusion. One can only hope that the government’s changed stance is not guided by a motive to foreclose the prospect of judicial review and push the crucial reform into cold storage. The draconian law has been invoked in recent times against comedians, journalists and ordinary citizens expressing their dissatisfaction with the government. Successive reports of the Law Commission and even the Supreme Court have reported the rampant misuse of the law. Earlier, the Centre had submitted to the court that the sedition law was necessary, invoking the 1962 judgment that upheld the provision. But the same verdict also held that the presence of a pernicious tendency to incite violence is a precondition to invoking the clause and that it shouldn’t be used to stifle free speech. The successive governments had violated this pronouncement in both letter and spirit. Against this backdrop, the sudden change of heart on the part of the Centre raises doubts about the real intentions. Referring to Prime Minister Narendra Modi’s views on shedding colonial baggage as the country marks 75 years since independence, the Home Ministry asked the apex court to defer the hearing for now till a “competent forum” — that is Parliament — deliberates on the issue.

The sedition law became obsolete in the UK in the 1960s and was finally repealed in 2009. Last year, Singapore, which too like India inherited colonial English law, repealed the law stating several new laws can sufficiently address issues that were under the ambit of the sedition law. Every nation has a right to guard its sovereignty against internal and external aggression and penal provisions to punish violence and threats to security are, therefore, necessary. However, a clutch of existing civil, criminal and anti-terror statutes is enough to deal effectively with such exigencies. In fact, a mature democracy and open society do not need a draconian colonial-era provision. The law is antithetical to the democratic values and citizens’ rights, which have progressed far beyond what British lawmakers could have imagined in 1870. In fact, criticism of the government of the day is an essence of democracy and should not be viewed as anti-national activity. It is time a national consensus was built in favour of scrapping the sedition law as it is anathema to democracy. In a disturbing trend over the last few years, several governments, including the ones ruled by non-BJP parties, have routinely invoked Section 124-A that penalises sedition. A number of anti-CAA (Citizenship Amendment Act) protesters too are facing sedition charges.

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