By Nalini Sharma: The Law Commission of India headed by Retd Justice Ritu Raj Awasthi in its report said that Section 124A of the Indian Penal Code, dealing with the law on sedition should be retained with some amendments regarding circumstances under which it should be be used.

In its report which was submitted to the law ministry, the commission said that certain guidelines may be framed by the Centre to curb the misuse of the sedition law. The Commission also said that mere allegations of misuse of Section 124A, cannot call for its repeal.

The Law Commission of India listed several reasons for why the law of sedition needs to remain. It also listed its recommendations on the law, made after extensive discussions with multiple stakeholders and academicians.

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NEED FOR SEDITION LAW

The Law Commission of India said the sedition law is required to safeguard the unity and integrity of India. It said, “Threats exist to India’s internal security. Freedom of citizens can be ensured only when the security of the State is ensured.”

It also said that social media has a considerable role in propagating radicalisation against India and bringing the Government into hatred. This, it said, often occurs at the initiation and facilitation of foreign powers. This all the more requires that Section 124A be in place, according to the commission.

It said that sedition was a reasonable restriction against Article 19(2) that permits the government to impose reasonable restrictions upon the freedom of speech and expression “in the interests of public order”.

The law commission also said that the law on sedition cannot be repealed just because it is a colonial-era law. “By that virtue, the entire framework of the Indian legal system is a colonial legacy.”

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Lastly, the commission said that India cannot repeal the law on sedition merely because other countries may have done so, adding that “every country has to grapple with its own set of realities”.

WHAT WERE THE RECOMMENDATIONS?

In its report, the Law Commission of India also made several recommendations for making amendments to the sedition law.

It called for bringing more clarity in the interpretation, understanding and usage of the sedition law. It said the police must investigate the evidence before filing an FIR for sedition.

“Other procedural safeguards through issuance of model guidelines can also be taken by the Centre,” it said.

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In May 2022, the Supreme Court put the law on sedition in abeyance till the time the Centre completes the re-examination of the colonial provisions.

The court had also asked state governments not to continue with the investigation or take coercive steps in all pending proceedings under the provision till the government’s exercise is completed.