India has gone through a lot of changes since 2014. Among others, one such major change is the rise in the number of cases of sedition. The archaic Section 124A of the Indian Penal Code was adopted by the British in 1870. This oppressive imperial legacy that even the British have now repealed, has only been misappropriated in the 150 years since then, and more so since Independence. Freedom of speech and expression are being severely neglected in pursuit of curbing dissent in the country.

Data Shows a Sudden Rise in Sedition Cases

There were only 9 cases of sedition registered in 2013 which saw a sudden rise to 58 in a year with the advent of a new government. The National Crime Records Bureau’s (hereinafter NCRB) “Crime in India 2019” report shows a steep rise in the cases of sedition from 35 in 2016 to 93 in 2019, which is a 165% increase. Instead of doing away with the law which was introduced in the first place to take down the freedom fighters of the Indian Independence movement, India is hypocritically using the same law with superfluity. The United Kingdom abolished the sedition law in 2009, while India still cannot leave the baggage behind and move on. The global movement has been overwhelmingly anti-sedition with different countries either easing the law or simply getting rid of it.

A fresh database reveals that 96% of the sedition cases lodged against 405 Indians during the last decade for critiquing of political leaders and governments were reported after 2014, with 149 convicted of "critical" and/or "derogatory" remarks against Narendra Modi, 144 against Yogi Adityanath, chief minister of Uttar Pradesh (UP).

Charge Sheet in Small Number Of Cases

What is peculiar is that out of all sedition cases reported, a charge sheet is filed only in a small number of cases, and the number of cases that see the court is even smaller, which means that the police authorities and the state are misusing the law.

A report published by the NCRB states that out of 34 cases of sedition reported that year, only one received a conviction, and the rest are still pending. Between 2014 and 2016, 179 sedition cases were filed by the police, but at the end of 2016, a charge sheet was filed only in 20% of the cases and a trial took place for only 10% of cases.

Legislative History of The Law

The sedition law was declared void and unconstitutional by the Allahabad High Court in the case of Ram Nandan v State. However, the judgment of the Allahabad high court was set aside by the supreme court of India in the case of Kedar Nath Singh v State of Bihar. In this case, the court re-established the constitutional validity of section 124A of the IPC.

The court reasoned that the phrase "Government established by law" is deemed to be the emblem of the State, and is distinct from the individual engaging in administration. Furthermore, the justification for Section 124A was evidenced by the fact that the whole life of the Nation would be at stake if the recognizable emblem of the State, which is an integral aspect of the Nation's unity, were to be subverted.

The Case of Sloganeering

Last year, a 19-year-old student journalist from Bengaluru was arrested for saying “Pakistan Zindabad” among the other countries she hailed as zindabad. After spending 110 days in jail, the court granted her a “default bail” since Bengaluru police failed to file a charge sheet in the case within the mandated 90-day period. In Balwant Singh And Anr v State of Punjab case, the Supreme Court ruled that mere sloganeering does not amount to sedition, and all that student did was engage in slogan shouting.

Misuse of The Sedition Law During the Farmer’s Protest

In between the ongoing protest against the new farm laws, some senior Indian journalists have been charged with sedition for their reports and social media posts about the protest. A police complaint has been filed against Rajdeep Sardesai, a popular anchor on the TV channel India Today and Vinod Jose, the executive editor of the Caravan magazine, in almost 5 different states. The Editors Guild of India expressed its concerns and was shocked that police charges were lodged in about as many as 10 different laws, including sedition, the propagation of communal disharmony, and the offending of religious views. In this scenario, no application of mind from the police appears to be present.

In yet another surprising move, a 22-year-old climate activist Disha Ravi was charged with sedition and arrested for allegedly making a toolkit for the ongoing farmer’s protest in India. Delhi police, without any delay, travelled to Bengaluru and took the 22-year-old into custody, without following the guidelines established by the Delhi High Court which should be followed when making an inter-state arrest. Recently, climate activist Great Thunberg has also tweeted and supported Ms. Ravi.

Former Supreme Court Judge, Justice Deepak Gupta expressed his views on this whole toolkit case and further said that it shows a “non-application of mind”. He further added that in the past years there has been an “exponential increase in arrests in the past few years” which has aggravated and stirred a sense of fear.

Need for A Strong Cause of Action

On February 9, 2021, a three-judge bench of the Supreme Court of India dismissed a petition to declare section 124A unconstitutional. The court cited M/S Kusum Ingots & Alloys Ltd v Union of India And Anr, wherein it was held that no law can be challenged without a cause of action.

The court further asked the petitioners to bring a stronger case in order to challenge the law. India is the largest democracy in the world, and it needs to scale down the powers that Section 124A provide or simply repeal the said law as soon as possible to allay the persistent fear of prosecution in criticising the government in power.

Conclusion

In most situations, the statute of sedition becomes an instrument of injustice, where the authorities do not even file a charge sheet and individuals only waste time in jail. For a long time without a hearing, citizens on whom baseless accusations of sedition have been levied are threatened with imprisonment.

The extent of the pervasive use of this law as a means of political repression is alarming against various people. Sedition has become a convenient legal tool to stifle any voice that goes against what the State perceives as nationalism or patriotism.

Mahatma Gandhi was charged with sedition in 1922 for writing three articles in his weekly journal Young India. In the trails, Gandhi called Section 124A “the prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen.” He further added that affection is something which cannot be forced out of the people for the government in power or for any other entity.

So, should India dethrone this “prince” which has become an indispensable tool in the government’s toolkit to stifle dissent?

The answer is a loud "yes".

(The author is a first year law student at RMLNLU, Lucknow).