Minister of State for Law and Justice Arjun Ram Meghwal took to twitter to clarify that the recommendations of the law commission on retaining sedition law are not binding on the government. The tweet further said that the law commission's report on sedition is one of the steps in the extensive consultation process that the government has undertaken. He further clarified that the final decision on whether the law should be scrapped or not will be taken only after consultation with all the stake holders.
According to his tweet, the government will now hold a consultation process with all the stakeholders so that it takes an informed and reasoned decision in public interest. The law commission of India, in its report from April 2023, recommended that the provisions pertaining to sedition in Indian Penal Code, 1860 be retained.
Combating anti-national elements
According to the report, Section 124A of IPC, which makes sedition a punishable offence, has its utility in combating anti-national and secessionist elements. It seeks to protect the elected government from coups attempts through violent and illegal means. The report notes "the continued existence of the government established by law is an essential condition for the security and stability of the State. In this context, it becomes imperative to retain Section 124A and ensure that all such subversive activities are nipped in their incipiency."
The commission has proposed that the section be amended to add the words "tendency to incite violence or cause public disorder". Furthermore, the report also recommends that the punishment for committing a seditious act be increased from life imprisonment or imprisonment upto 3 years, to life imprisonment or imprisonment upto 7 years
On May 1, the government told the Supreme Court that the consultations on re-examining the colonial-era sedition law were in an advanced stage and requested the hearing of cases challenging sedition be put off till the process was completed.
The hearing was adjourned to August 2023 after Attorney General of India R Venkatramani said the government would intimate the court on the outcome of the consultation before it reaches Parliament. The apex court in May 2022 put the law on hold and ordered the Centre and states not to register any sedition case under Section 124A of the Indian Penal Code (IPC), which, it said, was not in tune with the social milieu. It permitted reconsideration of the provision.
All pending trials, appeals, and proceedings with respect to the charge framed under Section 124A were to be kept in abeyance. Adjudication, if any, could proceed if courts were convinced that no prejudice would be caused to the accused, the court had said.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!
