India throws out sedition law, brings in new Bill criminalising separatism and secession activities
Union Home Minister Amit Shah announced that Sedition Law has been repealed. Photo: DailyO
Union Home Minister Amit Shah told the Lok Sabha that the draconian, colonial-era sedition law has been "completely" repealed. Sedition, which is criminalised under Section 124A in the Indian Penal Code (IPC), punished anyone who attempted to bring "hatred or contempt" or "disaffection" towards the government.
.."We are completely repealing Sedition Law"..: Union Home Minister @AmitShah #LokSabha #AmitShah #ParliamentSession #SeditionLaw pic.twitter.com/vIHTnzdB8n
— IndiaToday (@IndiaToday) August 11, 2023
- The sedition law was often criticised to be unfit for democracy as it gave the government power to misuse it to stifle dissent and legitimate criticism of the government.
- But it's still not the time to celebrate doing away with sedition, as it has been replaced by another law, which critics say defeats the purpose of repealing the colonial-era law in the first place.
The new law
- Bharatiya Nyaya Sanhita Bill is set to replace sedition law. Punishment under the new Bill has also been extended compared to the sedition law.
- Under Section 150 of the new Bill whoever attempts to excite a "secession or armed rebellion or subversive activities or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India" will be punished with life imprisonment or with imprisonment of at least 7 years.
- The minimum punishment was earlier 3 years imprisonment under the sedition law, now it has been increased to 7 years according to the Bill.
Sedition out, Secession in. pic.twitter.com/LtDe7vZDxy
— Shrayansh Singh (@_shrayanshsingh) August 11, 2023
- People on X pointed out that the new law sounds just like sedition and still allows the government leeway to misuse it to stifle dissent and criticism of the government.
While the Centre says the #sedition law has been repealed, it has been brought in the form of another provision under the Bharatiya Sanhita Suraksha Bill. Sec 150 apparently accepts the Law Commission's recommendation to enhance alternative punishment to 7 yrs from 3 yrs. pic.twitter.com/XfXgmfkBly
— Utkarsh Anand (@utkarsh_aanand) August 11, 2023
This government is so good at changing names that they just changed the name of the sedition law and are now celebrating the abolition of sedition.
— Anish Gawande (@anishgawande) August 11, 2023
अजब कानून की गजब कहानी!
- Some also say that the definition of subversive activities isn't clearly defined leaving room for exploitation.
Sedition 5x. Subversive activities not defined. Explanation is weird- does not say whether it includes or excludes. pic.twitter.com/OzpSp8Jz1i
— Dushyant Arora, India. (@atti_cus) August 11, 2023
- Others questioned whether the change will be implemented on the ground, where the police are empowered to register FIR and arrest an individual without proof or imminent threat of violence.
Breaking now: existing sedition law under section 124 of IPC to be ‘completely’ repealed home minister @AmitShah tells Lok Sabha. But section 150 of the new Bharatiya Sanhita Suraksha Bill introduced in parliament gives ample scope to pursue ‘sedition’ like cases. Will this pass… pic.twitter.com/kOuQJvAlbu
— Rajdeep Sardesai (@sardesairajdeep) August 11, 2023
- However, people also said that the language in the new law doesn't criminalise criticism of the government and only targets elements that incite feelings of separatism.
The sedition law was disaffection towards the Govt making it a tool to misuse. The new provision clearly defines inciting secession and harming sovereignty and unity of country. Not the same. Anyone wants to speak against the Govt can do so under new law https://t.co/VokFHq3eym
— Rohan H Kawley (@rongame) August 11, 2023
- Regardless, the Bill including two other new Bills have been sent to a Standing Committee for review. It needs to be seen if it will pass Supreme Court's scrutiny.
Criticism and dissent against the government are important to the fabric of democracy as it keeps alive the public debate and makes the government accountable and answerable to the public.
With sedition laws, the government is allowed extraordinary powers to undermine democracy. The original sedition law was brought in by the British Raj pre-Independence in 1860 to quell uprisings against the colonial power. It was later adopted into Independent India's criminal law.