Indiscriminate use of section 124-A of the IPC is like a saw in the hands of carpenter who cuts the entire forest instead of a tree. Has the Sedition law outlined its utility? Justify your answer.
Introduction
The Supreme Court of India recently suspended Section 124A
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Main Body
The Supreme Court of India recently suspended Section 124A (Sedition Law) until the Union government re-examines it due to complaint against its misuse. Its indiscriminate use led to: 1. Curbing of dissent (Anti-CAA protests) 2. Arrest of journalists Hidraas 3. Settling of political scores (JNU students) 4. Silencing of activists (Bhima Koregaon) 5. Vague ambit (Students celebrating Pakistan's victory)
Apart from this, the non-parlable provision as well as the low conviction rate point towards sec. 124A outliving its utility. Also, India is no longer at risk of balkanization and secessionist movements have been successfully controlled. Although safeguards were provided by the SC in 'Common Cause versus Union of Men of India', lack of sensitization of police and political vendetta have led to weaponization of sec 124A. Hence there is a need to abolish 124A and deal with exceptional cases under NSA/UAPA.
Conclusion
Hence there is a need to abolish 124A and deal with exceptional cases under NSA/UAPA.
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MUDIT FOUJIDAR
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Right to Freedom of Speech and Expression - Article 19
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