Sedition gets new name in bill; ambit wider, penalty harsher
1 year, 4 months ago

Sedition gets new name in bill; ambit wider, penalty harsher

Hindustan Times  

New Delhi The act of sedition continues to be a crime under a proposed Indian law introduced in the Lok Sabha on Friday, albeit under a different name, with the punishment for it actually being increased. An analysis of the Bharativa Nyaya Sanita Bill, 2023, however, suggests that the offence of sedition has been retained under the proposed law with a new nomenclature and a more expansive definition of what will constitute “acts endangering sovereignty, unity and integrity of India”, even as it removes the words “disaffection towards the Government established by law in India” from the old Section 124A of IPC. While the new provision, inducted as Section 150 of the bill, is more specific than the old one and directly targets secessionism, separatism, and a call for armed rebellion -- without using the words “contempt” or “hatred” against the Government of India, it leaves ample room for interpretation by neither incorporating the test of incitement to violence in the proposed provision nor connecting the act to public order. Section 150 reads as: “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.” Section 124A of IPC currently reads as: “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.” A comparative evaluation between the old and the new would show that Section 150 has included “electronic communication” and “use of financial means” as tools of perpetuating an act “endangering sovereignty unity and integrity of India”. Asserting that the sedition law in India “is not in tune with the current social milieu”, the court had in May last year emphasised that “it will be appropriate not to continue the usage of the provision of law by the governments” when the Centre itself has conveyed a desire to “reconsider and re-examine” the contours and validity of Section 124A.

History of this topic

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