Why law on sedition?
Introduction
The law on sedition is in limelight for the last few years. Some social activists during their visit to Kashmir region aired their views blatantly attacking national sovereignty. Recently, a cartoonist made brazen fun of national symbols and institutions. Government sought to use law on sedition to book these offenders. Now is the time to examine the meaning and necessity of law of sedition. Its abolition is strongly favored by the anarchist elements who belittle parliamentary and other constitutional bodies. In fact, the cartoonist who made mockery of national emblem belongs to one such outfit.
The meaning and law
In legal parlance, sedition means any conduct that tends towards insurrection against establishment. Sedition includes subversion of constitutional authority and institutions. Sedition sloghtly differs from treason. Treason is direct collusion with enemy. This implies giving aid to enemy or wage war against state. Sedition is the act of causing resentment against the constitutional authority. This may help enemy indirectly. Inciting people to rebel against government is sedition whereas treason is actual betrayal. Briefly speaking, sedition is nothing but second line of traitors and anarchists. .
The Historic background.
Law of sedition was introduced by British and primarily used against freedom fighters. But the fact remains that similar law was in force in England also. The law is against those who subvert the constitutional government. British were rulers and hence sedition was appropriately defined as inciting people against the government as by law established. However, British were foreign rulers and there is no reason why Indians would accept them as ‘government as by law established’. It goes to credit of British that they introduced rule of law in India. There was no law before British rule. The innumerable princely states were law unto themselves. King’s word was law. Even ancient scriptures refer to sedition. This was called Raj Droha. Disobedience of royal order or direction was sedition that would be punishable with death. The law of sedition also appears in Ramayana. The episode of Mareech turning to golden deer is worth recall. Mareech was Ravana’s uncle. He advised him against kidnapping Seeta. But Mareech had to help Ravana by turning to golden deer in plan to kidnap Seeta, saying- I have to obey you. If I disobey you, I shall die. If I do not obey you, you will kill me. But this will be worse as I shall be guilty of Rajdroha (sedition). A rajadrohi (meaning seditionist) is doomed to hell.
Sedition law inseperable from Rule of Law
Thus before British Rule, there was no rule of Law. It is also a fact that the leaders of freedom movement fully utilized the concept of rule of law. They followed the procedure regarding holding peaceful meetings and demonstrations. This helped the freedom fighters led by Mahatma Gandhi to successfully conduct freedom movement.
Legal provison contained in section 124A I.P.C.
Section 124A of Indian Penal code defines sedition as any attempt by words or signs to create hatred or contempt against government by law established. This is punishable maximum with life imprisonment. The section is same as in British period except that the reference to ‘Crown’ ‘His majesty’ etc has been changed in view of transfer of power to Indians. As in British law, it is clarified that attempt to bring any change by peaceful and constitutional means by not creating hatred/ disaffection is not sedition.
Sedition law abolished in Britain
Britain abolished sedition laws in 2010. The last prosecution for sedition in Britain was 1972, Some individuals were accused of seditious conspiracy and uttering seditious words for attempting to recruit people to fight in support of Republicans. The seditious conspiracy charge was dropped, but the men received suspended sentences for uttering seditious words and for offences against the Public Order act. In 2009, sedition and seditious libel (as common law offences) were abolished. Sedition by an alien is still an offence under section 3 of the Aliens Restriction (Amendment) Act 1919.
Do we need the law
The relevant question is whether the law of sedition needs any change. The basic requirement of any law to be considered as ‘good law’ is that this should not be capable of misuse against innocent citizens. So far this law is sought to be used only against those who made fun of national emblem and constitutional bodies, provoked people against the entire political system and even openly incited people against sovereignty of India. This is used against those who directly or indirectly give aid and support the insurgents who proclaim to overthrow the government established by law through bullets and not by ballots. If sedition law is used against such elements, there is nothing wrong.
These seditious and anarchists elements argue that they fight against corruption and other malpractices and if they cause any disrespect to national emblems or constitutional bodies, this is okay. Surprisingly, some responsible political leaders also fall prey vicious arguments and propaganda of these elements. Apparently, gathering of some crowd by these anarchists blurs their view. Needless to say, national interest is of paramount importance in matter related to sovereignty and integrity of India.
Also surprisingly, those opposed to sedition law want the Government to abolish this law just because Britain has abolished this. India does not follow British. India needs drastic law to deal with internal and external enemies of state and nation. So, the law on sedition must be retained. Rather this needs be used unsparingly against anarchists who resort to unconstitutional means- peaceful or violent.
We need to retain this law.
We may safely conclude that law on sedition is good law. It makes no sense to say that this be abolished just becasue this was first introdiuced by British and used against freedom fighters. If this argument is accepted, the entire armed forces and police need be dissolves as thse were also introduced by British and used against our freedom fighters. We need not only armed forces but also law on sedition for the sake of national sovereignty and integrity. This is good law as this excludes any criticism or attempt to bring out changes through constitutional means. The law abiding citizens need not fear this law. If terrorists,traitors and anarchists fear this law, welcome. This proves necessity of this law.
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