The law is being debated after being laid dormant by the Supreme Court in May last year

The infamous sedition law is back in the news as the Supreme Court took it up for hearing on Monday. It was earlier heard in May last year and, in a bold move, the Supreme Court though did not give a verdict but agreed that the law was being misused and had debarred its use, practically making it null and void. That is in principle the Court thought that it was being misused and so decreed that no FIR should be filed invoking sedition law. It heard petitions challenging the colonial-era penal law on Monday and the Government gave its take, too. 

The Government has not been opposed to the law and in fact Minister of State for Law and Justice Kiren Rijiju showed displeasure about the court's stand in the May 11 court directive. Now a Bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha is hearing 12 petitions, including the one filed by the Editors Guild of India, against the law. If one law which can be called diametrically opposed to democracy, it is sedition law.

Section 124A of IPC defines sedition as: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law shall be punished…". This leaves no scope for even peaceful protests and anything against the Government of the day is criminal and punishable under the law. The law does not distinguish between an armed attempt to overthrow the Government and peaceful protests. Even a slightest resentment of an individual can be reason enough to put him behind bars under sedition law. It provides for maximum jail term of life under Section 124A of the Indian Penal Code for.  It was brought into the penal code in 1890, 57 years before Independence and many of the freedom fighters were booked under it including Mahatma Gandhi and Bal Gangadhar Tilak. Not very long ago, prominent journalists were booked in 2021 for spreading fake news in farmers’ rallies. Many FIRs have been filed against the activists for waging war against the State. Even after years of trial when they are vindicated, they have suffered enough as the process itself is punishment. It is high time the draconian law was put to rest.