A Primer on Sedition Law in India-Part 2

In our previous article ‘A Primer on Sedition Law in India-Part 1’, we discussed the meaning and history of sedition law in India. While there have been various interpretations of sedition since it has been included as an offence under the Indian Penal Code, there are several ambiguous grounds on which a person is charged with sedition in modern times. As interpreted by the courts in recent times, the act is sedition when it incites violence or hatred for the country or the government representing the state. The dynamics of the sedition and its enforcement have been discussed by numerous law commission reports and judicial pronouncements but yet the law remains to be the same as it was 150 years ago. 

In the present times, sedition is being used as a tool to threaten people to not criticize the actions of the government. Scholars claim that the monarchical rule of government is being established with the use of Section 124A of the IPC where liking an anti-governmental post, following any anti-government organization, criticizing the government for wrongful actions, or even protesting for the protection of your rights have become illegal. Political officials are hunting down people who say anything against it or in favour of their enemies. An illustration of this is when Divya Spandana, a well-known actor and politician praised Pakistan for treating her warmly and stated that it was ‘not hell’ when she visited the country for a vacation, she was charged with sedition for being appreciative about the people of the neighbouring state which happens to be the ‘enemy’ of India.[1] 

Recent Cases of Sedition Law

Supreme court in its judgments on numerous occasions have clearly opined that only words are not enough to commit sedition, the incitement/excitement of violence is an important factor and should not be overlooked by limiting the scope of the law of sedition.[2] This was reiterated in the cases of Kashmir Singh & Ors v. State of Punjab (2009)[3], Gurjatinder Pal Singh v. State of Punjab (2009)[4], and Simranjit Singh Mann v. State of Punjab[5]. Despite repeated judicial pronouncements the government refuses to recognize these precedents and has been continuing with the same irrational and arbitrary interpretation of the law.  There have been various instances where students and professionals have been arrested and charged for sedition infringing their fundamental right of freedom of speech and expression. One such disturbing example is the arrest of an astounding number of 23,000 people who protested against a nuclear power plant in Tamil Nadu in 2012 – 2013 and were held for "waging war against the state" and sedition.[6] Among them, 9000 were charged with sedition alone. The Tamil Nadu Police didn’t even notify the correct number stating only 2000 people were arrested.[7]

Similarly, in 2014, 60 Kashmiri students were charged with sedition for supporting Pakistan during a cricket match.[8] The authorities were made to drop the charges due to lack of evidence to support sedition.[9] Other recent cases where government misused this law of sedition was when more than 3000 people were arrested for sedition as they protested against the CAA (Citizenship Amendment Act) implemented by the Government of India.[10] The requirement of incitement to violence laid down by the Supreme Court in various cases like Kedar Nath Singh vs State of Bihar[11] was very conveniently ignored by the government. It is undeniably specified by the courts that only inciting violence or creating public disorder would amount to sedition. The supreme court reaffirmed these principles in the case of Common Cause & Another v. Union of India[12] in 2016. It is not claimed here that all the arrests were not related to sedition, however where violence or public disorder was not created or intended should have been exempted by the police.

In Tamil Nadu, a singer, S. Kovan, who criticised the government for allegedly profiting from state-owned liquor shops at the expense of the poor[13] and student leader Kanhaiya Kumar who was arrested for shouting anti-national slogans (later bailed) are some other instances where sedition was charged without any incitement of violence.[14]

Disrespecting National Anthem - Sedition?

In 2014, 7 young men in Kerala were arrested for sedition for disrespecting the country as they refused to stand up for the national anthem in a cinema.[15] The debate regarding whether not standing for the national anthem constitutes disrespecting it is still active. It was settled in the judgment of Bijoe Emmanuel v State of Kerala[16], as the court asserted that proper respect is shown by standing during the national anthem, however not standing for the same will not constitute disrespect towards the country and cannot incite violence. Although the order by MHA in 2018, which states that it is mandatory to stand during the national anthem has reinstated the dilemma of whether not standing for the national anthem should be regarded as sedition.[17] 

NCRB Data

As the data demonstrates, the number of people who are charged for sedition has persistently increased from 35 in 2016 to 70 in 2018 and to more than 100 cases this year.[18] The NCRB data shows that in 2018, the then state of Jammu & Kashmir saw a great increase in the sedition cases, with 12 cases in 2018 from just one case in 2017. Jharkhand was the state with most of the sedition cases while Assam was the state with the highest number of offenders with 27 offenders in 17 sedition cases.[19] Moreover, Kerala (9 sedition cases) and Manipur (4 sedition cases) are the other states in the top five list.[20] The conviction rate of such cases indicates that the literal interpretation of sedition that the Government follows is wrong. The chart below gives a clear idea of how the political officials are misusing their power and the ambiguous language of the section by charging people arbitrarily for sedition. These charges are ultimately proved to be false charges which are imposed by the political officials (ultimately the government) to establish authority over the people much like what the British intended to do which has led people to contemplate whether they should fear the current government.

 

Source-Livemint

Conclusion

Indian sedition laws were passed by the British who were keen to suppress the rage of the public who wanted to fight for their country against the dominant and exploitative rulers. The colonial-era ended 73 years ago yet we are still following the same irrational unamended law, enacted by the British raj which infringes the rights of the public. Even after several judgments, interpretations, protests, Law Commissions' suggestions, private members' bills to amend the law, the government has not updated the law with time, henceforth, escorting the Indians to live in the same era of colonial dominance as British Governance, only this time the Indian Government is the perpetrator. Disregarding judicial pronouncements is not just an illegal act committed by the government but is also a conspiracy to dilute the checks and balances approach established by separation of powers principle, with the legislature overriding the judiciary.

After analysing the law related to sedition, judicial decisions and the present scenario, the main question that arises is: By not amending such a law which was enforced for dominating and suppressing the people of India, what does the government want to depict - its dominance or its monarchical danger?

By,

LawVastutah

 

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[1] Congress's Divya Spandana Booked for Sedition for Tweet Calling Narendra Modi 'Chor', The Wire, 26/SEP/2018, https://thewire.in/rights/congresss-divya-sapandana-booked-for-sedition-for-tweet-calling-narendra-modi-chor

[2] Balwant Singh and others v. State of Punjab AIR 1995 SC 1785.

[3] 1977 AIR 2147

[4] 2009(3) RCR(Criminal) 224

[5] 2008 (1) R. C. R (Criminal) 588

[6] Arun Janardhanan, 8,856 ‘enemies of state’: An entire village in Tamil Nadu lives under shadow of sedition, The Indian Express, September 12, 2016 7:02:34 am, https://indianexpress.com/article/india/india-news-india/kudankulam-nuclear-plant-protest-sedition-supreme-court-of-india-section-124a-3024655/

[7] Ibid.

[8] Kashmiri students booked for sedition for cheering Pakistan team, The Economics Times, Mar 06, 2014, 06:12 PM IST, https://economictimes.indiatimes.com/news/politics-and-nation/kashmiri-students-booked-for-sedition-for-cheering-pakistan-team/articleshow/31544801.cms?from=mdr

[9] Meerut police drop sedition charges against Kashmiri students, Livemint, 07 Mar 2014, 12:33 PM IST, https://www.livemint.com/

[10] Jharkhand Govt Drops Sedition Charges Against 3,000 CAA Protesters, The Quint, 09 Jan 2020, 08:01 AM IST, https://www.thequint.com/news/india/jharkhand-govt-drops-sedition-charges-against-3000-citizenship-amendment-act-protesters ; Congress protests ‘misuse of police’ in State, FEBRUARY 15, 2020 23:41 IST, https://www.thehindu.com/news/national/karnataka/congress-protests-misuse-of-police-in-state/article30831899.ece

[11] 1962 AIR 955

[12] (2016) 15 SCC 269

[13] Folk singer arrested on sedition charge, Frontline, November 27, 2015, https://frontline.thehindu.com/the-nation/folk-singer-arrested-on-sedition-charge/article7866083.ece

[14] JNU row: What is the outrage all about?, The Hindu, 18 October 2016, 13:11 IST https://www.thehindu.com/specials/in-depth/JNU-row-What-is-the-outrage-all-about/article14479799.ece

[15] Soutik Biswas, Why India needs to get rid of its sedition law, BBC News, 29 August 2016, https://www.bbc.com/news/world-asia-india-37182206

[16] 1987 AIR 748

[17] ORDERS RELATING TO THE NATIONAL ANTHEM OF INDIA, Ministry of Home Affairs, Government of India, https://www.mha.gov.in/sites/default/files/NationalAnthem(E)_2.pdf

[18] Crime in India, Statistics 2018, National Crime Records Bureau (Ministry of Home Affairs),  https://ncrb.gov.in/sites/default/files/Crime%20in%20India%202018%20-%20Volume%201.pdf

[19] Ibid

[20] Ibid