The law Commission has come out with a consultation paper to evoke a significant debate on the contentious issue of sedition (section 124-A).
"In a democracy, singing from the same songbook is not a benchmark of patriotism. People should be at liberty to show their affection towards their country in their own way. For doing the same, one might indulge in constructive criticism or debates, pointing out the loopholes in the policy of the Government. Expressions used in such thoughts might be harsh and unpleasant to some, but that does not render the actions to be branded seditious. Section 124A should be invoked only in cases where the intention behind any act is to disrupt public order or to overthrow the Government with violence and illegal means," the consultation paper reads.
In order to study revision of Section 124-A (sedition), the law Commission has spelled out a host of issues, which according to it, require consideration.
The Commission has opined "expression of frustration over the state of affairs, for instance, calling India no country for women', or a country that is racist' for its obsession with skin colour as a marker of beauty are critiques that do not threaten' the idea of a nation. Berating the country or a particular aspect of it, cannot and should not be treated as sedition. If the country is not open to positive criticism, there lies little difference between the pre- and post-independence eras".
The Commission hopes a healthy debate will take place among the legal luminaries, lawmakers, Government and non-Government agencies, academia, students and above all, the general public, on the above issues, so that a public friendly amendment could be brought about.