Context: Assam MLA granted bail in sedition case.

The MLA was lodged in central Assam’s Nagaon jail more than a month ago on sedition and other charges, including circulation of a provocative video related to COVID-19 quarantine on social media.

He was booked under four sections of the Indian Penal Code, including 124A dealing with sedition and 153A related to promoting or attempting to promote communal disharmony.

What is Sedition?

Sedition, which falls under Section 124A of the Indian Penal Code, is defined as any action that brings or attempts to bring hatred or contempt towards the government of India and has been illegal in India since 1870. 

Historical Background of Sedition Law:

Sedition laws were enacted in 17th century England when lawmakers believed that only good opinions of the government should survive, as bad opinions were detrimental to the government and monarchy.

This sentiment (and law) was borrowed and inserted into the Section 124A of IPC in 1870, by the British.

British used Sedition law to convict and sentence freedom fighters. It was first used to prosecute Bal Gangadhar Tilak in 1897.

Views by Supreme Court:

In 1962, the Supreme Court decided on the constitutionality of Section 124A in Kedar Nath Singh v State of Bihar.

It upheld the constitutionality of sedition, but limited its application to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”.

It distinguished these from “very strong speech” or the use of “vigorous words” strongly critical of the government.

In 1995, the Supreme Court, in Balwant Singh v State of Punjab, held that mere sloganeering which evoked no public response did not amount to sedition.

Why sedition law should be repealed?

Sedition leads to a sort of unauthorised self-censorship, for it produces a chilling effect on free speech. It suppresses what every citizen ought to do in a democracy — raise questions, debate, disagree and challenge the government’s decisions. Sedition systematically destroys the soul of Gandhi’s philosophy that is, right to dissent.