India Treason/Sedition Law
There have been many heated discussions going on in India on treason for many weeks. Many incidents in the capital, New Delhi have been the focus of attention of the country lately. The fights, which started in JNU, have become monstrous now. Therefore, it is important to know what Sedition is and what does our law says about it.
Under the Indian penal code section 124 (a) the definition of Sedition has been described. Anyone who propagates hatred, disgrace, and unsatisfactory views against the government in India and among its people is liable to be punished for a fine or jail term for three years or both. Three summaries have been added to this definition of Treason.
The verdict of Supreme Court in the case of Kedar Nath from State of Bihar is the milestone and final word of law. The Supreme Court further added that words, debates, or public addressing could be only termed as treason when it has been used to instigate the public towards violence and there have been reported cases of violence from the public.
Even if the words have been extremely negative but sedition case will only be registered if the public has resorted to violence by them.
Supreme Court also added that the people have the right to talk or put their ideas and views across regarding any subject or work done by the government and to have different opinions until their words or views have been propagated to create acts of violence in the country. The Privy Council decision was also taken in accord and it was clarified that treason case can only be registered when violence has been the main motive behind creating dissatisfaction and confusion among the crowds.
In another case of Balwant Singh of State of Punjab was taken in consideration. The verdict of the case of 1995 was clarified that if a few people are chanting slogans against the government then it cannot be termed as treason. As a few people involved in chanting slogans against the government cannot be held responsible for negativity among people against the government.
According to national crime bureau’s numbers, around 512 cases of treason were registered in 2014. Out of which 47 cases came under the Section 124 a. Out of these 18 were from Jharkhand, 16 from Bihar, 5 from Kerala, and one each from Bengal and Orissa were registered.
Indian Penal code was launched in 1860 in India. Sedition was joined in the year 1870. Bal Gangadhar Tilak went to jail term for the same cause. He was given lifetime imprisonment for the same. He was sent to Mandla jail in Myanmar in 1908.
Even after the independence in 1947, the Treason law is the same as it was before.
It has been appealed to increase the duration of /treason jail time to 7 years.
Source - Bhaskar - Poonam Kaushik , High Court Delhi
