Though the Supreme Court restricted the application of Sedition law in various instances, it is been misused repeatedly. Should this law be repealed? Comment (200 Words)
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Madhaba Chandra gharai 6 years
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IAS Parliament 6 years
Try to include the Kedarnath Singh case of 1962 where supreme court restricted the application of Sedition law. Keep Writing.
IAS Parliament 6 years
KEY POINTS
Restriction of sedition law
· While the Supreme Court has, in Kedar Nath Singh case of 1962, upheld the Constitutional validity of 124A, it has severely restricted its application.
· In the Common Cause v. Union of India case, the Supreme Court said that authorities, while dealing with the offences under Section 124A of the Indian Penal Code, will be bound by the principles laid down in the Kedar Nath Singh v. State of Bihar case, and sedition charges cannot be invoked for criticising the government.
· In the Malleshwaram bomb blast case of April 2013, Bengaluru police released three accused after failing to prove charges. The Karnataka State Human Rights Commission had sought compensation from the State for wrongful incarceration, setting a precedent for State accountability.
Recent misuse of sedition law
· The arrest and prolonged detention of Imphal-based journalist under the draconian sedition law and National Security Act (NSA) for criticising the Manipur Chief Minister.
· To take only a recent instance, former JNU student union president is facing charges of sedition for being part of the students’ assembly that chanted allegedly seditious slogans.
Repealing the sedition law
· Repeated misuse of this law curbs freedom of speech and expression guaranteed under Fundamental rights.
· But Supreme court has severly limited usage of sedition law through various judgements.
· Therefore the usage of law has to be based on comprehensive guidelines which needs to be established by supreme court.
