Sedition law cases: K'taka has a full 38

Hameed Ashraf | NT

Bengaluru: As per the National Crime Records Bureau (NCRB), out of 475 sedition cases registered in the country between 2014 and 2022, Karnataka accounted for 38.

Further an in-depth analysis reveals that most of the sedition cases registered in 2019 and 2020 were against activists protesting the Citizenship (Amendment) Act, 2019.

According to Section 124A of the Indian Penal Code (IPC), a person commits a sedition crime if he/ she brings or attempts to bring in hatred or contempt, or excites or attempts to excite disaffection towards the government established according to the law.

The provision was incorporated in its current form in the Indian Penal Code (IPC) in 1898, nearly four decades after the IPC was introduced and has withstood the test of constitutionality since then.

According to a report, 86 people were arrested in sedition crimes across the country in 2021, while there were 1,604 arrests under Unlawful Activities (Prevention) Act.

It said 66 persons in sedition crimes and 1,317 under UA PA law were chargesheeted in 2021. While no one was convicted of sedition crimes in 2021, 62 people were convicted under UAPA.

In 2019, 22 sedition cases were filed against 25 individuals in Karnataka. The cases dropped to 8 in 2020 and zero in 2021.

It was revealed that most of the sedition cases registered in 2019 and 2020 were against activists protesting the Citizenship (Amendment) Act, 2019. During September 2022, the Karnataka Police had booked as many as 14 people on sedition charges.

The arrests came following raids by the National Investigation Agency (NIA) on the offices of the Popular Front of India (PFI) and Social Democratic Party of India (SDPI) in Karnataka.

While two persons were from Bengaluru, the remaining 12 were from various parts of the state. On May 11 last year, the Supreme Court had suspended pending criminal trials and court proceedings under Section 124A (sedition) of the Indian Penal Code while allowing the Union of India to reconsider the British-era law.

"All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of the IPC be kept in abeyance," a three-judge Bench led by Chief Justice of India NV Ramana ordered.

It was argued in court that about 13,000 people were already in jail under the sedition provision.

However in June this year, the Law Commission of India recommended that the provision be retained with procedural safe - guards and enhanced jail term.

Instances of misuse of the law:

1. The Sedition Law is used in an unjustified manner to curb the opponents; members of the oppositions, journalists, social activists etc.

2. Constraint on the legitimate exercise of Freedom of speech and expression (Article 19) as it is difficult to identify and distinguish genuine expression of speech from seditious speech.

3. The British, who introduced sedition law, have themselves abolished it in their country.

Arguments in favour of Sedition Law:

1. Helps combat anti-national, Maoists, secessionist and terrorist elements etc.

2. Protects the elected government from coups giving it stability.

3. The abolition of Section 124A would be ill-advised merely because it has been wrongly invoked in some highly publicised cases.

Critiques by founding fathers:

Mahatma Gandhi called Section 124A “the prince among the political sections of the IPC designed to suppress the liberty of the citizen”.

Jawaharlal Nehru said that the provision was “obnoxious” and “highly objectionable”, and “the sooner we get rid of it the better”.