India’s top court puts colonial-era sedition law on hold until it is re-examined

By Ahmad Adil

NEW DELHI (AA) - India's top court on Wednesday barred the government from using a colonial-era sedition law that critics say is used to suppress voices of dissent.

Earlier this week, the Indian government informed the court that it has decided to "re-examine and reconsider" the law, known as section 124A of the Indian Penal Code (IPC).

"Till the re-examination of the provision is complete, it will be appropriate not to continue the usage of the aforesaid provision of law by the governments," said a three-judge bench, presided by Chief Justice Nuthalapati Venkata Ramana.

"If any fresh case is registered under Section 124A of IPC, the affected parties are at liberty to approach the concerned Courts for appropriate relief," the bench added.

The hearing has been adjourned till July.

Last year, the Supreme Court had called the law "colonial,” while questioning if it is still needed 75 years after independence.

According to an Article 14 report, the Home Ministry and National Crime Records Bureau in 2019 and 2020, respectively, revealed a rapid increase in sedition cases since 2014.

Among the 10,938 Indians charged with sedition since 2010, 65% were booked after the Bharatiya Janata Party (BJP) government took power at the center in May 2014, the report said.

- What is the sedition law?

Enacted in 1837, the law was meant to prevent any incitement against the British monarch. Legal experts say it has emerged as a lethal tool in the hands of police to book dissenters.

According to section 124A of the Indian Penal Code, when any person by words, signs, or visible representations spoken or written, or in any other manner attempts to incite hatred or contempt or excites or attempts to excite disaffection toward the government, that person can be punished under the sedition law under the Act.

In India, sedition is a non-bailable offense, with punishment ranging from three years to life imprisonment and fines.