Law Commission Recommends Sedition Law Be Repealed: A Colonial Relic Faces Its Final Reckoning
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- 18 Apr 2025 --
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In a watershed recommendation that could reshape the relationship between the state and citizen, the Law Commission of India has proposed the complete repeal of Section 124A of the Indian Penal Code (IPC)—the contentious sedition law, which has been widely criticized for stifling dissent and curbing free speech.
The recommendation, part of the Commission’s larger criminal law reform effort, comes amidst growing judicial, political, and civil society pressure to strike down colonial-era laws that no longer align with India’s democratic and constitutional framework.
What Is Section 124A IPC?
Enacted in 1870 by the British colonial government, Section 124A defines sedition as:
“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...”
It carries punishments ranging from three years’ imprisonment to life imprisonment.
Originally used against freedom fighters like Bal Gangadhar Tilak and Mahatma Gandhi, sedition remained on India’s statute books post-independence. In recent decades, it has been invoked against activists, journalists, students, and even cartoonists, drawing widespread criticism.
Why the Law Commission Is Calling for Repeal
In its 312th Report, the Law Commission has cited the following grounds for repeal:
1. Incompatibility with Fundamental Rights
- Section 124A violates Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression.
- It has a vague and broad wording, enabling misuse to suppress dissent rather than protect national security.
2. Colonial Origins, Modern Irrelevance
- The law was designed to silence the Indian independence movement, not to serve the needs of a democratic republic.
- Most modern democracies—including UK, New Zealand, and Australia—have repealed or narrowed sedition laws.
3. Overlaps with Other Laws
- Offences such as incitement to violence, hate speech, terrorism, or criminal conspiracy are already covered under existing laws like:
- UAPA (Unlawful Activities Prevention Act)
- Sections 153A, 505 IPC
- Sedition is therefore redundant and unnecessary.
4. Potential for Misuse
- Sedition is often used to target peaceful protesters, opposition leaders, and critical media.
- The low conviction rate—less than 3% according to NCRB data—shows that most cases lack merit but still result in prolonged trial and harassment.
Judicial Background: A Law Under Scrutiny
The Supreme Court, in May 2022, had put Section 124A on hold, directing state governments and police to refrain from registering fresh cases under sedition until the law is reviewed.
This followed a batch of petitions challenging sedition’s constitutionality, led by journalists, civil liberties groups, and former military officers.
The government had earlier promised to "re-examine and reconsider" the law. The Law Commission’s recommendation now puts the ball squarely back in Parliament’s court.
Dissenting View Within the Commission
While most members supported repeal, a minority note within the Commission suggested retaining a narrowed version of the law to address genuine threats to sovereignty, citing cases of foreign-funded incitement and misinformation campaigns.
However, the majority opinion prevailed in recommending total repeal, stating that such threats are better addressed under national security laws, with stronger safeguards against misuse.
Civil Society and Legal Expert Reactions
The recommendation was welcomed by constitutional lawyers, free speech activists, and journalists’ unions.
Justice Madan B. Lokur (Retd.), former SC judge, said:
“It is a bold and necessary step. Laws meant for colonial control must have no place in a constitutional democracy. National security cannot be a fig leaf for suppression of rights.”
Media groups also praised the report, noting that sedition charges have had a chilling effect on press freedom, especially in rural and conflict zones.
What Happens Next?
The Union Home Ministry is expected to table the Criminal Law Reforms Bill in the upcoming monsoon session of Parliament. It may:
- Accept the recommendation and formally delete Section 124A
- Replace it with a more narrowly defined provision that targets only incitement to violence or secession, with clearer safeguards
The judiciary will resume hearing pending sedition challenges in light of Parliament’s next move.
Free Speech Can’t Be a Crime
The Law Commission’s call to repeal the sedition law is not just about a single section—it’s about the kind of country we want India to be.
A nation confident in its Constitution doesn’t need colonial-era chains to protect itself. It needs laws that punish violence, not voices. In that light, the repeal of sedition would not be a weakening of sovereignty—but a strengthening of democracy.
Because no one should fear prison for questioning power—and that’s what makes a nation truly free.
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