oppn parties No 'Mitigating Guidelines', Section 124A Must Go

News Snippets

  • Supreme Court rules that functional disability should be the deciding factor in granting road accident damages and not any doctor-issued disability certificate
  • Supreme Court flagged the fact that nearly 56% of the vehicles plying in India were uninsured and asked the government to challan them
  • An Air India flight from Phuket to Delhi encountered severe turbulence and 17 passengers were admitted to hospital with injuries
  • Calcutta HC said that heavens won't fall if Vande Matram is made mandatory to sing in madrasas
  • Kolkata Municipal Corporation has sought government nod for increasing city's wards to 200+ to keep residents in each ward between 16000 to 18000
  • Government has said that partially filled online Census forms may be allowed
  • Government may allow fees on UPI payments above Rs 2000, except on transfer between two individuals
  • Brent crude falls below $80 per barrel
  • Government has increased the LIC offer for sale to Rs 31,400cr with an additional 4% on the block
  • Stock markets become nervous on Tuesday due to Gulf situation: Sensex slides 210 points and Nifty sheds 159 points ahead of RBI MPC meets today
  • Indian cricket team lands in Sri Lanka for a 2-Test series
  • A former French Navy pilot who had alleged that IAF had lost Rafales during Operation Sindoor has been held in France on spying charges
  • An ordinary zari worked living just 100km away from Kolkata was stunned to find Rs 100cr deposited in the bank account. The bank has frozen her account pending enquiry
  • Businessmen in Kolkata gets a Rs 5-crore extortion call, allegedly from the Lawrence Bishnoi gang
  • NTA floats tenders to secure offices and exam materials round-the-clock
Tarun Tejpal, former editor of Tehelka, was sentenced to 10 years in jail by Bombay HC for raping a colleague. This judgment overturns the acquittal by a Goa sessions court
oppn parties
No 'Mitigating Guidelines', Section 124A Must Go

By Sunil Garodia
First publised on 2021-07-17 07:04:53

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Despite judicial scrutiny and public outrage over the recent continuous misuse of Sec 124A of the IPC - he so-called sedition law, the government still wants the Supreme Court to issue guidelines for the proper use of the section. But is it necessary to keep the section alive at all? As the Supreme Court said, is there a need in modern, democratic India for "a law that was used by the British to silence Mahatma Gandhi and Tilak". The imperialists were subjugators; they wished to prolong their rule by force and needed such sections to silence dissidence against their policies, lest the people revolted and overthrew them. But does the government of these times need to act as a subjugator? Does it need to crush freedom of speech just because what is being spoken is not music to its ears?

As far back as in 1962, the Supreme Court had, in the Kedar Nath judgment, while upholding the constitutional validity of the section, ruled that the citizens had the right to criticize the government in a peaceful manner without inciting violence. But who is to decide what can or cannot incite violence? Hence, subsequent to that judgment, the section has been regularly used to round up people like journalists and others for writing articles (and now posting on social media) critical of government policies or actions, people making speeches against government policies or even against peaceful protestors against nuclear power plant. In short, the government has decided that it is the best judge as to whose (even) peaceful speech or other action can incite violence and charges them for sedition. It does not help when the lower judiciary often fails to bat for the citizens and denies bail to such accused, making them suffer even before they are convicted, which is not very often as most of the times the charges are not proved (the conviction rate in such cases in a paltry 3 percent).

Further, in addition to Section 124A, the government has armed itself with other draconian laws, the Unlawful Activities Prevention Act (UAPA) for example, which are also used to silence dissent. Hence, this time, the Supreme Court must not act in the way it did in the Kedar Nath case - it must not issue mitigating guidelines (which are sure to be flouted through misuse as no guidelines can be watertight). It must decide if the section meets the constitutional test and if it is found that it is being misused, it must be removed it from the statute books.