It would be incongruous for a liberal democracy to enact a sedition law against its own citizens
Posted Date – 12:15 AM, Wed – 6/7/23
It would be incongruous for a liberal democracy to enact a sedition law against its own citizens
Hyderabad: At a time when free speech is already under increasing threat, the Law Commission’s recommendation to retain colonial-era sedition laws is a step backwards, fraught with dire consequences. Even more troubling, the committee not only backed tough laws but also recommended tougher penalties for sedition under Section 124A of the Indian Penal Code. In its 88-page report, the legal team laid out foreseeable reasons for retaining the law — as a reasonable restriction on free speech and as a necessary legal instrument to deal with threats to India’s internal security. It cited Maoist extremism, militancy, separatist movements and ethnic conflicts in the northeast. This formulation of civil society versus the state is problematic and raises several questions about the government’s commitment to fundamental democratic values. The legal team reasoned that the growth of social media has played a role in spreading radical ideas against India, often instigated and promoted by “hostile foreign powers”. Ironically, the report comes nearly a year after the Supreme Court suspended the law and said it would hear arguments in favor of repealing the colonial provisions that were abused by successive governments to limit citizens’ free speech. Surprisingly, the Law Commission dismissed concerns that the 130-year-old law was against the spirit of modern democracy, countering that the entire framework of the Indian legal system is a colonial legacy. The report also recommends increasing the minimum sentence for sedition to seven years from the current three.
On allegations of abuse, the group let the law go unchecked but placed the blame on the police system. Unfortunately, the report provides no additional safeguards against abuse of the law. This is a concern because the BJP-led government is already using sedition as a tool to suppress dissent. Recently, there have been numerous incidents of arbitrary and unreasonable use of harsh rules against ordinary citizens. The abuse of sedition laws has ruined many lives. The center has been ambivalent about repealing the law. After initially defending it, the center told the Supreme Court last year that it would review it. In an affidavit, the Home Office urged the SC to postpone the hearing until it is reviewed by a competent forum. However, there is no other way than repealing the draconian laws. It would be incongruous for a free and liberal democracy to enact a sedition law against its own citizens. In fact, criticizing today’s government is the very essence of democracy and should not be considered an anti-state activity. Now is the time to build a national consensus in support of repealing the sedition laws.
