Internet Freedom FoundationIn its 279th Report on the "Usage of the Law of Sedition (April, 2023), the Law Commission of India (LCI) has recommended RETAINING Section 124A of IPC, increased the punishment, and has proposed additional safeguards to avoid its misuse. 1/10
In support of #SeditionLaw, the LCI, headed by Former Chief Justice of Karnataka HC, Justice Ritu Raj Awasthi, has referred to the Supreme Court's 1962 judgment in Kedar Nath Singh v. State of Bihar for clarity, while ending up making it more unclear than before. 2/10
The Report has also regurgitated the age-old reliance on terrorism and threats to national security to allow the retention of a law that is being heavily misused to stifle any form of dissent and criticism of the government. 3/10
Without engaging with #Section124A holistically, the Report merely differentiates why certain foreign jurisdictions do not require #SeditionLaw and India does. By doing so, the Report fails to contemplate or even understand the issues afflicting such a law in the first place. 4/10
While supporting #SeditionLaw, the LCI has rejected the allegation that the sedition law is a colonial legacy, because, hey, our entire Indian legal framework is a colonial legacy, and, therefore, that does not justify the provision's repeal. 5/10
Unfortunately, the Report dismisses legitimate concerns regarding its misuse by simply blaming it on its misinterpretation by police authorities who want to please the political class. Further, the procedural guidelines suggested abysmally fail to address this misuse. 6/10
The Report refers extensively to its 42nd Report (1971) as well as the 267th Report (2017) on Section 124A. However, it fails to refer to the 2018 Consultation Paper issued by LCI itself where #SeditionLaw's continued existence was questioned. 7/10
This LCI Report follows from the Supreme Court's directions in S.G. Vombatkere v. Union of India where the SC on May 11, 2022, had directed the Central and State Govts. to stay all operations under S.124A, including pausing Court proceedings. 8/10
IFF represented the Journalist Union of Assam, one of the Petitioners in the matter, and will continue to work towards striking down of #SeditionLaw and protecting your right to free speech and expression. Read more about it here. 👇 9/10
In a petition filed by the Journalist Union of Assam, Supreme Court directs governments to not use Section 124A
tl;dr It is official. The Supreme Court has stayed the operation of Section 124-A [https://indiankanoon.org/doc/1641007/]of the Indian Penal Code, 1860 (‘IPC’) which criminalises speech that excites or attempts to excite ‘disaffection, hatred or contempt’ against the Government established by law. Through its interim order [https://drive.google.com/file/d/1l7VXeIh09ZaGS_Ri1JDGJ3b_QookPW2l/view?usp=sharing] dated May 11, 2022 (‘Order’), which goes a long way in protecting the freedom of speech
Help us help you by donating to us so that we can continue fighting the good fight! Find the link below! 👇 10/10
