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- Cases Increased In BJP States, At The Same Time, Treason Was Imposed On The Maximum Number Of People In The Congress Era
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New Delhi2 hours ago
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In 2012, people who were opposing the Kudankulam nuclear plant were also charged with treason.
- Law Commission has recommended to stop the misuse of the law, Macaulay who prepared the education policy of India had prepared the draft.
Section-124 (A) of the IPC, ie the sedition law, is once again in the discussion among the farmers’ movement against agricultural laws. On Tuesday, a Delhi court posted a fake video on social media during the Kisan agitation, spreading rumors and giving bail to two accused in the sedition case.
The court has said that sedition law cannot be imposed to silence dissidents on the pretext of silencing miscreants. However, this is not the first time the court has made any comment regarding the misuse of this law. The Supreme Court and the Law Commission have also commented on its misuse.
Law came into force 150 years ago
In fact, ever since the law came into effect in 1870, accusations of its abuse had started. The British used this law to suppress the voices raised against them. The latest case in this section has been registered on Disha Ravi, an environmental activist related to the Kisan Andolan Toolkit case.
After independence, the central and state governments were also accused of its misuse. Discussions on sedition cases have increased since the BJP came to power at the Center. Although sedition cases have also been discussed in earlier governments. In 2012, 23,000 people were booked for opposing a nuclear plant at Kudankulam in Tamil Nadu, out of which 9,000 were charged with sedition at the same time.
However, it is worth noting that since the BJP came to power at the Center, the NCERB has started keeping a separate record of sedition cases since 2014. The special thing is that this British era law is continuing in our country, but Britain has abolished it from its country in 2009.
What is treason?
Any person who writes, speaks or endorses anti-national material, or tries to defame the Constitution with insulting national symbols, can be sentenced to life imprisonment or imprisonment for three years. IPC 124-A
3 of BJP in 5 states with highest number of cases
Among the five states where the maximum number of sedition cases were reported in 10 years, Bihar, Jharkhand and Karnataka had a majority of BJP or BJP-backed governments. These states registered an increase of 28% every year between 2014 and 2020 as compared to 2010 to 2014.
First the British misused, then the allegations on the governments
- The first case was registered under the 1891 treason. A case was registered against the editor of a newspaper named Bangobasi for publishing an article criticizing the ‘Age of Consent Bill’.
- After 1947, a case was filed against the objectionable material in the RSS magazine Organizer. A case was also registered on a magazine called Crossroads for criticizing the government. It was also used against anti-government voices and leftists.
- 2012 was the biggest arrest under this law. Then there was the Congress government at the Center. Section 9000 was imposed against those opposing the Kudankulam nuclear power plant in Tamil Nadu.
How the law was made, how much changed, now what next?
- When did it start, who made it- The IPC came into force in 1860 in the British period. In 1870, section 124A of rancor was added. It was first drafted by Thomas Bubington Macaulay. Macaulay had formulated India’s education policy.
- Why made- It was created in the 1870s to stop the Wahhabi movement, a challenge to the British rule.
- When did treason first connect? Balgangadhar Tilak was sued under this in 1897. In this case, after the amendment of 1898 after the trial, section 124-A has been termed as a crime of treason.
- What happened after independence? It remained in the IPC even after independence. However, in 1948, the words British Burma (Myanmar) and in 1950 the words ‘Maharani’ and British Raj were removed.
- What has changed in the sentence- In 1955, the provision of life imprisonment was made by removing the sentence of Kalapani.
- What happened to the protest-In 1958, the Allahabad High Court declared it unconstitutional. But in 1962, the Supreme Court upheld the law and imposed conditions to prevent its misuse. In 2018, the Law Commission also recommended several restrictions to prevent its misuse. The law will have to be changed through Parliament to implement the Supreme Court’s decision and the recommendation of the Law Commission.
Four countries where disputes over law like treason, two ended it
Britain : It was abolished in 2009 due to the oppressive effect on expression and the shock to the values of democracy.
New Zealand: The law ended in 2007 as a tool to shock democratic values and silence the opposition.
America : The court has criticized the oppressive effect of the sedition law on freedom of expression. Political speeches have wide patronage.
Australia: Treason laws existed in many states. The scope of this law has been limited since 1985. Penalty instead of jail is a penalty.
(Bhaskar Expert: Virag Gupta)
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