What is section 124A and why it is being misused??

 

The origin of the sedition law occurred 1870 in the draconian rule of Britishers to supress all voices of those who are against the law and policies of the British Government. With the time it become more disastrous for the Freedom fighters. Many well-known important figure of the freedom fighter Bal Gangadhar tilak (1897 & 1908) and Mohandas Karamchand Gandhi ji (1922) had to face the slap of this law.

After the India’s Independence,

The maker of the of our Constitution much emphasised on our Fundamental right which exist From Article 12 to 35 and gave more importance to the Right to freedom of Speech and expression (Article 19(1)(i)) reason behind this was that India follows Democracy and in democracy people choose their representative so they also should have the Right to Dissent with the government policies. After the 2 years 11 months 18 days when our Constitution came on effect on 26th January 1950, the word Sedition law was first used in the Kedarnath judgement in which Apex court of India stated that in Section 124A of the Indian Penal Code through speech, writing or use visual representation to create violence and hatred among the society so that can be charged under the Sedition law. And without incitement to violence or rebellion there’s no person can be booked under the sedition law. Only those person/people can be booked under the sedition law who intentionally create panic and disorder can also be charged.



If we saw Sedition law with the current scenario, the meaning of sedition is changed. Now people are used to charge under the sedition law who merely criticising the Government/ authority while the power to criticize or show dissent is given by our respected Constitution. We have good example of Aisha sulatana, film maker in Lakshadweep. Recently she got anticipatory bail by the Kerala High Court on the based that Section-124A & 153 B (which seek to punish imputation against National integration) isn’t attracted in this case because strong speech or writing against government policies isn’t enough to book someone under this law.

If we see this law with the data, National Crime Bureau data states that from 2016 and 2019, The number of cases filed under section 124A (Sedition Law) of the Indian Penal Code increased by 160% while the rate of conviction dropped to 3.3% in 2019 from 33.3% in 2016.

Impact of Section 124A, Sedition Law of the Indian Penal Code on Indian Constitution

(i)Article-19(1)(i)

 This article of the Indian Constitution empowers citizen of India with the Right to speech and expression and also exist in the universal declaration of Human Right. With this citizen of India can express their opinion freely by writing,printing,pictures or through any communicable medium or  representation. With this Section 124A infringe the Article 19(1)(i).

(ii)Basic Structure Doctrine / Basic Structure of Indian Constitution

This structure wasn’t inserted by the constitution maker, with the time and the judgement of Keshvanada Bharti case (13 judge bench) felt the need of the Basic structure of the Indian constitution in which any legislative law tries to create the bad impact can be erased and declare void by the Supreme court. Fundamental right is one of the Basic Structure.

Location: Delhi, India

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