Sedition cases in India has been under criticism for long. SC has suspended all pending criminal trails and court proceedings under section 124A (Sedition) of the Indian Penal Code. Moreover the Supreme Court has asked Indian Govt to reconsider the pre-independence law. The Supreme Court of India has also ordered that No fresh FIR can be filed under Sedition. Lets’s deep dive into the sedition cases data in last 7 years (2014-2021).
The Supreme Court was referring to the petitions that challenged the law alleging its misuse in the cases such as in Maharashtra, where it was invoked over the chanting of Hanuman Chalisa. Arrested couple – Amravati MP Navneet Rana, and her husband, Ravi Rana, an MLA from Badnera constituency, have been slapped with sedition charges as well.
ONLY 2 % CONVICTION RATE
In 7 years between 2014 and 2020, a total of 399 cases of sedition were registered in India. One third of them have been charge sheeted (125) till data last reported. Strangely only in 8 cases people have been convicted i.e. mere 2 % of cases registered.
70 % SEDITION CASES IN 9 STATES, ASSAM TOPS THE CHART
Nine states of the country account for 70 % of sedition cases. Assam (66) leads the chart as 16 % of the country’s sedition cases are registered in the state. List also includes Jharkhand (40), Karnataka (38) and Haryana (37).
NO CHARGESHEET BY KERALA AND BIHAR, UP & HARYANA FARING BETTER THAN NATIOAL AVERAGE
As mentioned earlier, the chargesheet rate in sedition cases is merely 30 %. States such as Uttar Pradesh and Haryana have a charge sheeting rate of 58 and 51 % respectively. On the contrary, sedition cases registered by Kerala and Bihar have still not reached the charge-sheeting stage.
COURT HAS RAISED CONCERN
The Supreme Court has expressed concern from time to time regarding the misuse of the Sedition act. The court has said that the state governments are misusing the act against their political opponents.
What is Sedition Law
As per Section 124A of IPC, “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.”
Controversies with Sedition Law
Sedition law has been under criticism for long. Recently in February 2021,SC has protected a political leader and six senior journalist from arrest in multiple sedition FIRs for allegedly sharing unverified news via tweet.
In June 2021, the SC has protected two Telugu news channels from coercive action by the Andhra Pradesh government. The court has emphasized on defining the limits of sedition.
In July 2021, SC ruled that “a statute criminalising expression based on unconstitutionally vague definitions of ‘disaffection towards Government’ etc. is an unreasonable restriction on the fundamental right to free expression guaranteed under Article 19 (1)(a) and causes constitutionally impermissible ‘Chilling Effect’ on speech”.
In May 9, 2022, The Central Government had announced that they are reviewing the sedition law, meanwhile it should not be paused.
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