Rethink the Retention of Sedition, The Hindu Editorial Analysis
The Hindu Editorial Analysis: The Editorial Analysis of The Hindu Newspaper Editorial Articles aimed at simplifying various concepts relevant to the UPSC and other State PSC Exams. The Editorial Analysis helps in expanding the knowledge base as well as framing better quality mains answers. Today’s Hindu Editorial Analysis of ‘Rethink the Retention of Sedition’ discusses recent report of Law Commission of India on Section 124A of the Indian Penal Code (IPC) on ‘sedition’.
In its 279th report released in April 2023, the Law Commission of India recommended retaining Section 124A of the Indian Penal Code (IPC) on ‘sedition’, one of the most contentious sections in recent times. The Supreme Court of India had earlier directed all state governments and the central government to suspend all pending trials, appeals, and proceedings related to Section 124A IPC, citing its inconsistency with the current social milieu.
The Law Commission concluded that retaining the section was necessary to counter the threat to India’s internal security like from Maoist violence. It also noted that the Unlawful Activities (Prevention) Act (UAPA) does not cover all elements of the offence defined under Section 124A IPC. To prevent misuse of the section, the Commission recommended certain procedural guidelines.
Following data and arguments have been discusses to nullify Law Commission’s Justification for retaining the sedition law in India
The Law Commission’s report delved into the violence perpetrated by Maoists under the chapter on ‘Threats to India’s Internal Security’. The report cited Ministry of Home Affairs data, indicating a decrease in Maoist incidents over the years, with Chhattisgarh still reporting the highest number.
Comparatively, the UAPA’s provision on ‘unlawful activity’ appeared more objective and less problematic, with the Supreme Court clarifying that ‘criticizing the government’ does not amount to sedition.
It emphasized the need for procedural guidelines for conducting preliminary inquiries to determine the existence of prima facie evidence. However, these guidelines seemed to conflict with established jurisprudence regarding the registration of First Information Reports (FIRs).
Given the significance of the issue, it is important for all state governments and political parties to engage in deliberation and seek public opinion on the Law Commission’s report. A participative and agreeable decision, even if not unanimous, would foster a more democratic approach to addressing the concerns surrounding Section 124A IPC.
A Summit with Substance, The Hindu Editorial Analysis
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UPSC Govt Jobs UPSC Current Affairs UPSC Judiciary PCS Download Adda 247 App here to get the latest updatesA participative and agreeable decision, even if not unanimous, would foster a more democratic approach to addressing the concerns surrounding Section 124A IPC. |
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