Why the Supreme Court must repeal Sedition Law by Mihir Desai https://www.theleaflet.in/why-the-supreme-court-must-repeal-sedition-law/ the judgment not only refuses to grant the second prayer praying guidelines for lodging sedition FIRs against journalists, it goes on and shuts the door for any guidelines to be issued for regulating the filing and prosecution of cases of sedition against journalists or others.
What is interesting is that while the courts in many cases have given a narrow interpretation to the provision of sedition, granted both anticipatory and regular bails, and quashed FIRs, this has not stopped the police from filing FIRs on totally frivolous complaints and at times arresting those accused, including young students, journalists, tribal activists and similar other dissenters. The law of sedition has been utterly misused across the board, causing a substantial chilling effect. Those who are prominent and have the resources are able even to approach the Supreme Court directly but many others have to spend time in jail or in hiding, affecting their families, jobs, careers and studies. As it is, courts are not easily accessible for many poor persons. Additionally, charges of sedition are usually clubbed with UAPA offences or with other special laws, complicating the matter.
The extreme misuse and abuse of sedition law to muzzle dissent can no more be softened through reading down, issuing guidelines, or appealing to the police. It was an unconstitutional law and continues to be so today. It is anti-democratic, and against the freedom of speech and expression. It is being used to infringe upon the right to life and personal liberty. It is high time that it is junked. The Parliament will not do this: there are too many political benefits for the ruling political party, and even the opposition parties tend to use it when they get the opportunity. The Supreme Court should therefore stand tall and put the section where it belongs: into the dustbin of history.
Why, despite SC’s Vinod Dua ruling, dissenting journalists won’t be safe. https://www.newslaundry.com/2021/06/10/why-despite-scs-vinod-dua-ruling-dissenting-journalists-wont-be-safe By Kalpana Sharma 10 Jun, 2021
Sedition law has no place in a democratic society https://www.theleaflet.in/sedition-law-has-no-place-in-a-democratic-society/ by Amritananda Chakravorty February 12, 2020 As long as undemocratic laws like sedition remain on statute books they will be misused. In light of the legal principles mentioned above, it is very clear that in each of the recent three cases of alleged sedition, the police has not bothered either about the law or about the facts of the case. To arrest 50 TISS students for raising slogans supporting Sharjeel or to charge the teacher and a mother of a child for a play with alleged insulting remarks against the Prime Minister with the charge of sedition remain the most grotesque examples of the police acting on behalf of the fascist regime. https://www.theleaflet.in/sedition-law-has-no-place-in-a-democratic-society/
The Supreme Court, in 'Vinod Dua', has held that every journalist is entitled to protection from sedition as defined in the Kedar Nath judgment. A national consensus on the removal of the provision is called for. by Faizan Mustafa June 4, 2021 https://indianexpress.com/article/opinion/columns/supreme-court-sedition-law-vinod-dua-case-modi-govt-freedom-of-press-7343120/
In the last seven years, an extreme nationalist ideology actively supported by pliant journalists repeatedly used aggressive nationalism to suppress dissent, mock liberals and civil libertarians and several governments routinely invoked Section 124-A that penalises sedition. the constitutional law expert points out that according to data from the National Crimes Record Bureau, "between 2016 to 2019, there has been a whopping 160 per cent increase in the filing of sedition charges with a conviction rate of just 3.3 per cent. Of the 96 people charged in 2019, only two could be convicted”. These figures are more proof of how the provision is used for harassment even though the chances of conviction are slim.
Why does India still have a colonial sedition law? | NL Cheatsheet What is sedition? When can it be applied? And what is the Kedar Nath Singh judgement the court mentioned in its ruling on Dua's case all about? Meghnad S explains. https://youtube.com/embed/rdu4uVabmhg?startt=220&end=645