Activists echo Moily, urge sedition law repeal
Law minister M. Veerappa Moily’s views on the country’s sedition law after the Supreme Court granted bail to human rights activist Binayak Sen on Friday were echoed by human rights activists who have demanded that the government immediately take steps to repeal the draconian law.
Dr Moily, who said he would consult the home minister on revisiting the sedition laws, which he thought were “outdated”, and that the Law Commission may be asked to study the issue, added that there has been a debate on the subject as the sedition laws do not seem to reflect the democratic aspirations of the country and the spirit of the Constitution.
People’s Union for Civil Liberties president (Chhattisgarh) Rajendra Sail, who was actively involved in the campaign for the release of Dr Sen, stated that “sedition laws were being used by oppressive governments to silence criticism”. “Speaking out against human rights violations is not sedition. The misuse of sedition laws should be stopped,” Mr Sail added.
Human Rights Watch, the international human rights body, has also urged the Indian Parliament to repeal the colonial-era law. “The Supreme Court has long recognised that the sedition law cannot be used to silence peaceful dissent and India’s Parliament should amend or repeal the law to reflect this,” a spokesperson for the organisation said.
Rights activists also pointed out that in a landmark ruling in 1962, in the Kedar Nath Singh vs State of Bihar case, the Supreme Court had ruled that unless the accused incited violence by their speech or action, it would no longer constitute sedition, as it would otherwise violate the right to freedom of speech guaranteed by the Constitution. They pointed out India ratified the International Covenant on Civil and Political Rights in 1979 which prohibits restrictions on freedom of expression on national security grounds unless they are provided by law, strictly construed, and necessary and proportionate to address a legitimate threat.
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