The law of Sedition: Endangering the very idea of an inclusive Democracy
British left India in August 1947 but left many of their draconian laws here as a colonial legacy. Section 124A of the Indian Penal Code 1860, i.e., the law of sedition is one such law. British Government of India had inserted it in the penal code in the late 19th century to curb anti-colonial activities in British India. However, in Independent India, it has often been conveniently misused by successive central and state governments to harass their critiques under the grab of sedition. Even high-profile individuals like Arundhati Roy could not save herself from the heat of this law for being too critical of the government policies for openly sympathizing with Kashmiri separatists. And now, Vinod Dua, an acclaimed journalist has become its latest target or victim so to say for allegedly accusing Prime Minister Narendra Modi of using “deaths and terror attacks” to get votes. Given its frequent misuse, Indians must give serious thoughts over the need, rationale, and utility of having a sedition law in Independent India. The sedition law has been often misused by the colonial dispensation and its legacy of misuse continued even after independence as successive Indian governments did not hesitate in invoking it to curb dissent and harass individuals who were too critical of government policies. While the British government mainly used it against politicians like Gandhi, Nehru, Tilak, Azad, etc, independent India has used it even against dissenting doctors, students, teachers, journalists, human rights activists, scholars, poor, tribals and so on. This shows it has outwitted even the British in repressing dissent and criticism of the government. And through their reckless propaganda, ultra-nationalists have made it synonymous with being anti-national. The present Bhartiya Janata Party governments are also using the Unlawful Activities (Prevention) Act, National Security Act and even Epidemic Diseases Act to silence any dissent by targeting people who participated in anti-Citizenship Amendment Act and National Register of Citizens protests, any protests during coronavirus crisis and ordinary Muslim citizens even in local disputes. The sedition law should have been repealed after independence. Even after drawing severe flak from the opposition and courts…