Centre to take reasoned, informed decision on Law Commission's sedition report

On May 11, 2022, the Supreme Court had put the provision in abeyance in view of its rampant abuse, saying it was one of colonial legacies

The Centre on Friday said it would take an informed and reasoned decision after consulting all stakeholders on the Law Commission of India's report for retaining the penal provision for the offence of sedition with model guidelines to curb its misuse.

Union Law Minister Arjun Ram Meghwal said the Commission's report on sedition is one of the steps in the extensive consultative process.

"The recommendations made in the report are persuasive and not binding. Ultimately, the final decision will be taken only after consulting all the stakeholders," he said in a tweet.

"Now that we have received the report, we will also hold consultations with all the other stakeholders so that we take an informed and reasoned decision in the public interest," he added.

Read | 'Colonial legacy no grounds for repeal': Law Commission bats for retaining sedition law

In its report, the Commission headed by former Karnataka High Court's Chief Justice Ritu Raj Awasthi said Section 124A needs to be retained in the Indian Penal Code, though certain amendments, may be introduced in it so as to bring about greater clarity regarding the usage of the provision.

Maintaining that sedition being a colonial legacy is not a valid ground for its repeal, the Commission said people are at liberty to indulge in healthy and constructive criticism of their government in a democratic set-up.

"What Section 124A of IPC seeks to penalise is only the pernicious tendency to incite violence or cause public disorder in the guise of exercising right to freedom of speech and expression," it said.

The Commission also pointed out that in the absence of a provision like Section 124A of IPC, any expression that incites violence against the Government would invariably be tried under the special laws and counter-terror legislations, which contain much more stringent provisions to deal with the accused.

On May 11, 2022, the Supreme Court had put the provision in abeyance in view of its rampant abuse, saying it was one of its colonial legacies.

The Commission, however, suggested the provision must be retained with safeguards like preliminary inquiry before lodging the FIR in such cases.

The colonial legacy is not a valid ground for its repeal, it said.

"However, going by that virtue, the entire framework of the Indian legal system is a colonial legacy. The police force and the idea of an All- India Civil Service are also temporal remnants of the British era. Merely ascribing the term 'colonial' to a law or institution does not by itself ascribe to it an idea of anachronism. The colonial origins of a law are by themselves normatively neutral. The mere fact that a particular legal provision is colonial in its origin does not ipso facto validate the case for its repeal," the Commission said.

It highlighted the utility of the provision in combating anti-national and secessionist elements which used violent and illegal means to overthrow the elected governments.

It also referred to threats to India's internal security by Maoist extremism, militancy and ethnic Conflict in the Northeast, terrorism in Jammu & Kashmir and secessionist activities in other parts of the country.