The Union home ministry has asked the Law Commission to review the sedition law after political cartoonist Aseem Trivedi’s recent arrest on sedition charges stirred up a fresh debate on the freedom of expression in India. The MHA is reluctant to repeal the law itself saying it guards the “state” against acts of hatred or disaffection against it. Data with the MHA shows 102 cases of sedition have taken place since independence. The MHA is using this data to argue that it has been used in rarest of rare cases and its powers should be exercised judiciously.
“We have referred the matter to the law commission to review and suggest suitable amendments in the provisions relating to sedition in the Indian Penal Code. The need of the hour is to ensure the law is not misused or mis-interpreted to convict activists and others who speak against the government or indulge in anti-government protests,” an MHA official said. Section 124 A of the IPC says whoever by words, written or spoken, or by signs or visible representation brings or attempts to bring hatred or contempt or excites disaffection towards the government shall be punishable with imprisonment by life or with imprisonment which may extend to three years.
MHA officials cited an earlier report of the Law Commission which had recommended retaining the aforesaid section after revising its definition to incorporate acts of hatred or disaffection against Parliament, state legislators, Constitution, the national flag, the national emblem and the national anthem — which are not only unpatriotic but also likely to incite “public disorder”. The proposed amendments are also likely to take a middle path so far as punishment is concerned by making it an offence entailing imprisonment up to seven years with fine. Sources said the sedition law is being reviewed in accordance with the restrictions imposed under Article 19(2) of the Constitution. A GoM who recently reviewed the law said the sedition law must be amended to draw a difference between anti-government and anti-India protests. In the meanwhile, government officials said that law enforcement agencies are being asked to avoid any mis-interpretation of the law and instead use other provisions entailed in the IPC to deal with similar offences of a lesser category.