The National Crimes Record Bureau (NCRB) suggests that the number of sedition case have spiralled especially after 2014. Sedition falls under Section 124A of the Indian Penal Code. This colonial law that was enacted in 1870 defines sedition as ‘any action that brings or attempts to bring hatred or contempt towards the Government of India.’ The NCRB has been collecting separate data on sedition cases since 2014. Records show that there were 47 cases of sedition in 2014. The number has increased to 70 in 2018 (the latest year with available data). Interestingly Assam, Jharkhand and Haryana account for more than half of all sedition cases. Assam and Jharkhand registered 37 sedition cases and between 2014-18. Sedition is a rare crime when compared to other crimes and accounts for only 0.01 % of all IPC crimes. What is of concern is that in states like Jharkhand and Assam, the police have used sedition to charge different types of protesters. After the passage of the Citizenship Amendment Act (CAA) in December 2019, protests against the CAA erupted in different parts of the country but were more visible in Assam, Delhi and Uttar Pradesh. In January this year more than 3,000 protesters against the CAA were charged with sedition. Interestingly, in 2019, more than 3,300 farmers were charged with sedition for protesting about land disputes. This is outrageous to say the least and a mockery of democracy where citizens have the right to critique the government.
Across the worlds sedition is viewed as a draconian law. Britain revoked it in 2010. In India there were two attempts vide private member bills, in the last decade to revoke it – but both efforts fell through. In 2018 the 21st Law Commission of India brought out a consultation paper asking for views on revoking sedition as an offence but the Commission’s term ended before it could deliver its recommendations
Sedition cases hardly every reach conviction. They are essentially used by the government in power to intimidate and harass and deter people from sticking their necks out on issues that affect their lives and their constitutional rights. The NDA Government has struck down 1200 outdated laws in 2017 and has listed another 1824 more for repeal but sedition has not been touched. In 1967, the government had enacted the Unlawful Activities (Prevention) Act (UAPA). This law was more specific and was intended to impose more reasonable restrictions on freedom of speech in the interests of sovereignty and integrity of India. Hence the sedition law has no place in a democratic set-up.