Sedition law: The Law Commission of India, headed by Retd Justice Ritu Raj Awasthi, has recommended retaining Section 124A of the Indian Penal Code concerning sedition laws. The commission also suggested amending the section to specify the circumstances in which it should be applied.
The commission that submitted its report to the law ministry, proposed framing guidelines to prevent the the law’s misuse. Furthermore, the commission emphasized that the mere allegations of misuse should not warrant the repeal of Section 124A.
The Law Commission of India listed several reasons for why the law of sedition needs to remain. It also listed its recommendations on the law, made after extensive discussions with multiple stakeholders and academicians.
Sedition law required
The Law Commission of India said the law is required to safeguard the unity and integrity of India. It said, “Threats exist to India’s internal security. Freedom of citizens can be ensured only when the security of the State is ensured.”
It also said that social media played a considerable role in propagating radicalisation against India and bringing the Government into hatred. This, it said, often occurs at the initiation and facilitation of foreign powers. This all the more requires that Section 124A be in place, according to the commission.
The commission also said that the law cannot be repealed just because it is a colonial-era law. “By that virtue, the entire framework of the Indian legal system is a colonial legacy.”
Lastly, the commission said that India cannot repeal the law on sedition merely because other countries may have done so, adding that “every country has to grapple with its own set of realities”.
Recommends amendments to sedition law
The report also made several recommendations for making amendments to the sedition law.
There should be more clarity in the interpretation, understanding and usage of the sedition law, it said. The police must investigate the evidence before filing an FIR for sedition, added the report.
“Other procedural safeguards through issuance of model guidelines can also be taken by the Centre,” it said.
To recall, the Supreme Court put the law on sedition in abeyance in May 2022, till the time the Centre completes the re-examination of the colonial provisions.
The court had also asked state governments not to continue with the investigation or take coercive steps in all pending proceedings under the provision till the government’s exercise is completed.
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