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No Proposal To Scrap Sedition Offence Under Section 124A IPC : Centre Tells Lok Sabha
Sneha Rao
11 Dec 2021 6:16 AM GMT
Union Law Minister Kiren Rijiju informed the Lok Sabha by a written reply that there is no proposal to scrap sedition law. The statement was in response to a question posed by MP M.Badruddin Ajmal whether the government was planning to strike down or amend S.124 A of the Indian Penal Code. The MP further sought to know whether there were any observations by the Supreme Court of India...
Union Law Minister Kiren Rijiju informed the Lok Sabha by a written reply that there is no proposal to scrap sedition law. The statement was in response to a question posed by MP M.Badruddin Ajmal whether the government was planning to strike down or amend S.124 A of the Indian Penal Code. The MP further sought to know whether there were any observations by the Supreme Court of India that sedition law is "colonial" and is being "misused."
Mr. Rijiju stated in his response that no such observations regarding Sedition law being colonial in nature or it being misused have been found in any judgement/order delivered by the Supreme Court of India. However, the Minister in his statement notes that in "Writ Petition (Criminal) No. 217/2021, M/s Aamoda Broadcasting Company Pvt. Ltd & Another vs The State of Andhra Pradesh & Others, the Hon'ble Supreme Court vide its order dated 31.05.2021, under para (3), has inter alia observed that "the ambit and parameters of the provisions of Sections 124A, 153A and 505 of the Indian Penal Code, 1860 would require interpretation, particularly in the context of the right of the electronic and print media to communicate news, information and the rights, even those that may be critical of the prevailing regime in any part of the nation."
He further stated that the constitutionality of S.124A of the Indian Penal Code is pending before the Supreme Court in the cases- Writ Petition (Criminal) No. 106 of 2021, Kishorechandra Wangkhemcha & Anr vs Union of India and Writ Petition (Civil) No. 682/2021, S.S.Vombatkere vs Union of India- and that the government has been given time to file its written submissions.
In this light, the Minister has stated that the Ministry of Home Affairs has no proposal under consideration to scrap Section 124A of the Indian Penal Code.
In July this year, Chief Justice of India N.V.Ramana, while hearing a petition challenging S.124A of the Indian Penal Code has expressed alarm at the rampant misuse of sedition law in the country. CJI NV Ramana also orally expressed reservation at continuing the use of the provision (Section 124A of IPC), inserted during the colonial era in 1870, purportedly to curb dissent.
"This dispute about law is concerned, it is colonial law, it was meant to suppress the freedom movement, the same law was used by British to silence Mahatma Gandhi, Tilak etc. Still is it necessary after 75 years of independence?" the CJI orally observed while issuing notice on a plea challenging Section 124A of IPC.
The Top Court was hearing a petition moved by Army veteran Major-General SG Vombatkere (Retired) challenging the constitutionality of the offence of sedition under Section 124A of IPC for being 'vague' and creating a 'chilling effect on free speech'.
CJI had added that the gravity of the situation is so grim that if some State or a particular party doesn't want to hear a voice, they will use this law to implicate such groups of people.
In response, the Attorney General had said that it may not necessary to repeal the section and parameters could be laid down to regulate its misuse.
