REVIVING THE CONCEPT OF SEDITION IS THE NEED OF THE HOUR

Recently Supreme court hold the sedition law and asked Union government for a review as it became colonial legislation the supreme court, so what sedition means is that The IPC Section 124 A says, “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government estab¬lished by law in India shall be punished with [im¬prisonment for life], to which fine may be added, or with impris¬onment which may extend to three years, to which fine may be added, or with fine, it is legislation introduced by British in 1890 to mute rebels in India. According to The National Crime Records Bureau (NCRB), though, has only been collecting separate data on sedition cases since 2014. In 2014, there were 47 cases of sedition but that number increased to 70 in 2018. Compared to other offences, sedition remains a rare crime (it accounts for less than 0.01% of all IPC crimes) But within India, some parts are emerging as sedition hotspots. Assam and Jharkhand, for instance, with 37 sedition cases each, account for 32% of all sedition cases between 2014-2018. In 2018, there were 1,182 cases registered under UAPA. And almost all of these cases (92%) were concentrated in five states (Uttar Pradesh, Jammu and Kashmir, Assam, Jharkhand and Manipur) and the pendency of such court cases reached a high of 95% in 2020 so what supreme court explained in its stand? and keeping the concept of sedition on hold & misinterpreting, misusing it will resolve internal problems of India?
SUPREME COURTS STAND 
Supreme Court in its stand said that colonial law sedition should be kept on hold because it will violate the fundamental right of freedom of speech & expression granted by the constitution and course rt conducted 9 filters test for sedition law and it failed in all tthesthesee of the most important tests was the doctrine of the chilling effect on freedom of speech & expression which says that sedition is a psychological blockade for the freedom of speech which means with fear of sedition individual may not freely speak out their opinion so the court kept this law on hold this is the stand of the supreme court.
So, why the concept & meaning of sedition is misinterpreted & misused? Did the criticism against the concept of sedition is rational? 
 The question of criticism against sedition is partially rational and partially not, rational because the concept of sedition is misinterpreted & misused due to increasiption and clubbing with the meaning of TREASON (DESHDROH).
CLUBBING THE DEFINITION OF SEDITION AND TREASON 
Sedition means being against the state, whereas treason means being against the nation so these two definitions are clubbed and used as sedition which is the main cause for the misusage of the law and this is the main reason due for the piling up of cases of sedition before the supreme court. So, the courts and legislature should come together to resolve this misinterpretation 
INCREASE IN POLITICISATION OF SEDITION 
An increase in the use of sedition as a political tool to curb the anti-governmental opinion is becoming a trend in the governments .so the trend of increase in the politicisation of sedition and the concept of sedition is beyond It and it must be removed by the courts as well as legislature. 
So, to tackle this irrationality, the legislature should draft the sedition clearly without any difficulties concerning laws like UAPA in orto its effective use and not make it a tool for political arbitrariness & Courts should draw a clear line between sedition and treason to dismantle its irrational use and make it rational use.
Some criticisms are irrational because the supreme court in many judgments like the kedarnath Singh case reduced the cruelty of sedition by certain kinds of tests but it did not reach the bottom line of law Implementers so it has been misused and named draconian 
In my opinion, the fact the concept of sedition should keep alive  although it is colonialonialonialallation over the years the rigour has been reduced significantly and it has been consistent with principles of free speech and expression so the concept of sedition is in line with constitutional principles but its implementation is being misinterpreted and misused by many stakeholders to make it clear from all kind of misinterpretations there needs to clear drafts of legislation and the supreme court should make its judgments in line with a positive concept of sedition  
CH.J.V.K.SATHYA SWAROOP

 




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