In our country there are many Controversial Laws and Laws which were and are misused, creating a lot of chaos and confusion across the country. Some Special Laws are dealing with various issues related to women, men, and transgender, etc. Sedition Law is one of them.
The word “SEDITION” has been derived from the Latin word “Seditio” which means violent strife. The literal meaning of sedition is the conduct or speech inciting against the authority of a monarch of state. The word Sedition is defined under the Section 124A of the IPC backed by Constitutional Article 19(1). Whosoever does an act that may incite a revolt to overthrow the established government of a territory is said to commit an act of sedition. The object of Sedition law in India is to have a law by which they can prosecute a person if he is not obeying or planning to overthrow the government and to keep people in control.
In the case of Shreya Singhal v. Union of India, Section 66A of the Information and Technology Act, 2000, was declared unconstitutional on the ground that it was in direct conflict with the fundamental right of freedom of speech and expression. The Supreme Court held that under the Constitutional Scheme, for the democracy to thrive, the liberty of speech and expression is a cardinal value and of paramount importance.
In the present days sedition law is very much misused. The Report of National Crime Record Bureau pointed out that 47 cases of sedition were filed in 2014 alone. With a total of 58 people arrested in connection with these cases, the government has managed only one conviction. In the recent incident of Karnataka’s school at Bidar city some have been booked on sedition charges after students performed a play criticising the Citizenship Amendment Act and the National Register of Indian Citizens. The police mentally harassed the staff members and primary level students studying in classes 4 or 5. This is totally insane on the part of police administration and thus the move is highly condemnable. The Karnataka Police, who have come under fire for slapping a sedition case over a school play critical of CAA and questioning children over it, have said the court would take a call on whether it is fit to be charged under sedition law.
One of the pillars of Indian democracy is the periodic organisation of free and fair elections. Free and fair election is the essence of democracy. And any blot on free and fair election undermines and hampers the very structure of democracy. Recently we have seen a number of hate speeches in election rallies which amount to unfair practices as per Representation of Peoples Act 1951 and the Election Commission prima facie seems not to be taking strong action against the people, especially those from the ruling parties, involved in such practices. It casts doubts and apprehension on the credibility of Election Commission, reducing public trust in a constitutional body. This is a destructive sign for our democracy.
Recently India’s ranking among democracy slipped 10 places to 51st position in the 2019 Democracy Index’s global ranking. Anurag Thakur, in the recent Delhi Assembly election, said, “Desh ke Gaddaron Ko, Goli Maaro Salon Ko”, which possibly led to a gun attack on Jamia Millia Islamia by a person called Gopal. A candidate in the Assembly election, Kapil Mishra said it is India V. Pakistan on the voting day. Union Minister Giriraj Singh also called the people in Shaheen Bagh “Human bombs in making”. Pravesh Verma, an MP from the ruling party, said if they are not stopped now, ‘they’ll enter your houses, rape your sisters & daughters, kill them’ and sought votes for the party, saying that only his party can save people from such a situation.
These statements intoxicate society just for political benefits, hampering the free and fair election as they cause polarisation against one particular community. Election Commission did not take strong action enough to make people see through its vulnerability. Even Sharjeel Imam’s statement was used to polarise election though he was arrested; similar action on the other side seems impossible. Our PM Narendra Modi and Home Minister Amit Shah were also reported to have given hateful comments like “kapdon se hi pahchane jate hain ye kon hain”. Targeting a specific community, Home Minister reportedly said, “Itna zor se button dabana current Shaheen Bagh tak pahuche”. These indecent, uncouth statements made by people holding Constitutional posts against a particular community are disgraceful. In the midst of all these indecencies, police operation and gun attacks at Jamia Millia Islamia and Shaheen Bagh, goons attacking Jawaharlal Nehru University, hateful speeches made by some ruling party members, and helplessness and vulnerability of Election Commission, the people of Delhi voted on February 8. These all cast doubt on fairness of election and thus a sign of weakening of democracy. Meanwhile, the ruling party in Delhi Aam Admi Party (AAP) made a clean sweep in Delhi election, winning 62 seats in the 70-member house. The BJP won 8 seats. The Congress, which had drawn a blank during the last Assembly elections, once again failed to open its account in Delhi.
[The writer is studying law at Lloyd Law College]