SEDITION LAWS
- Background
- Britishers used the Carrot and Stick policy to curb the national movement, thus they enacted constitutional reforms.
- Section 124 A of IPC was brought to curb the national movement.
- Sedition- 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.
- It may attract imprisonment for up to life also. No judicial remedy was available.
- Post-independence, there was a debate on sedition laws. It was left to the future generation to decide on the sedition laws.
- Why SC felt the need for sedition laws?
- NE insurgency and the secessionist tendency were still there.
- In the name of language, Race, and Ethnicity, there will always be some division in society.
- Government V/s State/ Country
- One has the right to criticize the government. Dissent is an important feature of democracy. The opposition has the right to criticize the government. Dissent is the safety valve of democracy- Justice Chandrachud
- But over time, the difference between the government and the country. Aggressive nationalism has become part of politics. Anyone criticizing the government is booked under sedition charges.
- Sedition is non-bailalble offense. No democracy has sedition laws in its law.
ARGUMENTS AGAINST SEDITION LAWS
- The essence of democracy is dissent, Citizens have the right to criticize their government. Mere criticism of the government can not be considered as an act of sedition. It can come in the way of the effective functioning of democracy and can easily convert the state into a dictator.
- The essence of our entire constitution is about protecting the rights and freedoms of people. There can be scope for misuse of sedition laws as governments try to penalize citizens for expressing their opinions. It can also adversely impact the freedom of the press.
- Most of the democratic countries in the world have already removed this draconian law from their rulebook.
- Recently, SC had come out with an interim judgment regarding the implementation of sedition laws. It has directed both central and state governments not to use section 124 A till SC comes out with a Final judgment.
DEFAMATION
- Criticism of the recent case (Defamation case of sitting MP)
- a) The words were part of speech and not in written format.
- b) It was not harming the reputation of the community.
- c) The persons named in the speech did not approach the court. So the principle of locus standi was not followed.
- The discrepancy in recent judgments
- Section 8(3 ) of the RPA mentions that, when a person is convicted of a crime for 2 years or more than 2 years, then he shall be disqualified.
- [* Shall be disqualified means- There should be some authority to disqualify him]
- Article 103 mentions that the president will take the decision on the disqualification with the recommendation of ECI.
- But the decision of disqualification was given by the Lok Sabha secretariat.
- Also, when the member is disqualified, then the vacancy should be filled within six months.
- What would happen if the Higher court stays the conviction?.
Defamation concept
- Section 499 of the IPC criminalizes any expression, either through speech or any visible representation, intended to harm the reputation of any person. It is worded vaguely and ambiguously, it also criminalizes defaming a deceased person, intending it to be hurtful to the feelings of their family.
- The law completely fails to clarify what harm to a person's reputation means.
- Its explanation of harm is lowering the moral or intellectual character of a person in the estimation of others.
- This law was enacted in 1860 essentially to protect colonial interests.
- A similar law was passed for the UK at the same time but there are significant differences between the Indian and English laws.
- In English laws, defamation is a crime only when it is in written form. Secondly, defamation cases can be filed only when it results in a breach of peace under English law.
- Indian law is more stringent. Cases can be filed through speech or any other form even though it does not result in any "breach of peace".
- Defamation law was challenged in SC by Subramanian Swamy for it being excessive and an arbitrary restriction on free speech. It was also challenged for being loosely worded and thus hit by the principle of "void for vagueness".
- SC has upheld the constitutional validity of Defamation law. SC has argued that the Right to reputation is an inherent part of the right to life and personal liberty under Article 21 of the Indian constitution.
- It has also been argued that freedom of speech does not mean the freedom to damage the reputation of other persons. But SC has failed to look into the consequences. It had failed to estimate the consequences of criminalizing defamation. It has been said that the law should not be misused for personal revenge.
- In most cases, the conviction of the accused is not the objective of filing cases. In India, the process of prosecution is itself the punishment, as rightly noted by SC. In recent times this law has been mostly misused in sexual harassment cases (#metoomovement) and also to counter criticism of political opponents.
What should be done?/ way forward
- It should be made only a civil offence.
- Defamation cases should be filed only when something is in written form.
- Only when it causes harm to public order, peace, safety, and security, can it become a criminal offence?
HATE SPEECH
- Hate speech is defined by the law commission as incitement to hatred primarily against a group of persons defined in terms of Race, Ethnicity, Gender, Sexual orientation, Religious belief, and the like.
- Hate speech is a word written or spoken, signs, or visible representations, with the intention to cause fear or alarm or incitement to violence.
- Recently, section 66A of the IT Act had become controversial because of its provisions. Under this Act, messages which are offensive and menacing in character can attract fines and up to 3 years of imprisonment but the terms offensive and menacing are not defined by the Act.
- It was misused by the government to restrict free speech and also to take revenge against their political opponents.
- SC has struck down section 66A of the IT Act as unconstitutional and also has declared that it is a draconian provision. The court also said that liberty of thought and expression is an important value under the constitution.
- It also said that discussion or advocacy of a particular cause, no matter how unpopular it may be, is at the heart of the right of freedom of speech and expression.
- Solution (07:20 PM)
- The law should clearly define exactly the meaning of terms in a clear-cut manner so that there can not be any scope for its misuse and abuse.
- Hate speech v/s defamation
- Comments which led to incitement to violence, and it is causing enmity between the two communities.
- Defamation- It is related to personal comments.
OTHER PARTS OF THE ARTICLE 19 (1)(b)- RIGHT TO ASSEMBLE PEACEFULLY WITHOUT ARMS
- Every person has the right to assemble peacefully and without arms.
- This freedom can be exercised only on public land. This provision does not apply when it becomes violent.
- It does not include the Right to strike also.
- Under section 144, of CrPC, a magistrate can restrain an assembly if there is a danger to human life, health, and safety.
- Similarly, under section 141 of CrPC, an assembly of 5 or more persons is also prohibited if it is against law.
- Right to srike V/s Right to protest
- Right to strike- Boycott the work, not participating in work.
- Right to protest- challenging the authority in recess time but going to work at the scheduled time.
- [* Case study of Japan- workers work for extra time and then they protest after working sufficiently].
RIGHT TO FORM ASSOCIATION/ COOPERATIVES/ UNION
- All citizens have the right to form associations including political parties, companies, societies, clubs, trade unions, and so on.
- 97th Constitutional amendment Act has included the right to form cooperative societies as part of the right to form associations.
- Reasonable restrictions can be imposed by the state on the grounds of sovereignty and integrity of India, Public order, and Morality.
- SC ruled that trade unions do not have the Right to Strike and it can be controlled by appropriate industrial law.
RIGHT TO MOVE FREELY THROUGHOUT THE TERRITORY OF INDIA
- It is guaranteed to promote unity and integrity and also to create feelings of nationalism and patriotism. But reasonable restrictions can be imposed
- Reasonable restrictions-
- 1) The interest of the general public
- 2) The interest of any scheduled tribe to protect their distinct culture, language, custom, and traditions
- SC also ruled that it can also be restricted on the grounds of Public health, and in the interest of public morals, especially in the case of the movement of prostitutes.
- Article 19 guarantees the right to freedom of movement within the country.
FREEDOM OF RESIDENCE
- Every citizen has the right to reside and settle in any part of the territory of India.
- It has two components
- a) One is the right to reside in any part of the country on a temporary basis.
- b) Permanently also.
- The state can impose reasonable restrictions- Interest of the general public and protection of the interest of the scheduled tribe
FREEDOM OF PROFESSION
- All citizens are given the right to practice any profession or to carry on any occupation, trade, or business.
- The state can impose reasonable restrictions-
- It can prescribe professional or technical qualifications for practising any profession.
- The state can carry on itself by any trade, business, or industry to the exclusion of citizens or otherwise.
ARTICLE 20 OF THE INDIAN CONSTITUTION
- It guarantees protection in respect of conviction for offences.
- This Article contains three important provisions.
- a) No ex-post facto law-
- It means no person shall be convicted of any offence except for violation of a law enforced at the time of the commission of the Act.
- Nor can a person be subjected to a penalty greater than i.e. prescribed by the law.
- Question:- Define defamation and critically analyze its impact on free speech and also come out with recommendations to prevent its misuse. (250 words/ 15 marks)
The topic for the next class:- Article 20 of the Indian constitution.
1. Which provision of the Indian Penal Code (IPC) deals with sedition?
a) Section 124A
b) Section 499
c) Section 66A
d) Section 144
Answer: a) Section 124A
2. What does sedition refer to?
a) Bringing hatred or contempt towards the government
b) Spreading false information about a person
c) Incitement to violence against a particular community
d) Defamation of a deceased person
Answer: a) Bringing hatred or contempt towards the government
3. Which of the following is true about sedition laws in India?
a) Sedition is a bailable offense.
b) Sedition laws exist in most democratic countries.
c) Sedition can only be committed through written words.
d) Sedition can attract imprisonment for up to life.
Answer: d) Sedition can attract imprisonment for up to life.
4. What was the interim judgment of the Supreme Court regarding the implementation of sedition laws?
a) Section 124A is unconstitutional.
b) Section 124A should not be used until a final judgment is given.
c) Sedition laws should only apply to violent acts.
d) Sedition laws should be abolished.
Answer: b) Section 124A should not be used until a final judgment is given.
5. What is the argument against sedition laws?
a) Mere criticism of the government should not be considered sedition.
b) Sedition laws protect the rights and freedoms of people.
c) Sedition laws are used to penalize citizens expressing their opinions.
d) Sedition laws are necessary to curb insurgency and secessionist tendencies.
Answer: a) Mere criticism of the government should not be considered sedition.
6. What does Section 499 of the IPC criminalize?
a) Hate speech
b) Sedition
c) Defamation
d) Right to strike
Answer: c) Defamation
7. What was the challenge to the constitutional validity of the defamation law?
a) It violates the right to reputation under Article 21.
b) It restricts the freedom of speech and expression.
c) It criminalizes hate speech.
d) It fails to define terms clearly.
Answer: b) It restricts the freedom of speech and expression.
8. What has been the consequence of criminalizing defamation?
a) Accused persons are often convicted.
b) The process of prosecution itself becomes a punishment.
c) Defamation cases are filed for personal revenge.
d) Defamation law has been misused in sexual harassment cases.
Answer: b) The process of prosecution itself becomes a punishment.
9. What solution is suggested for defamation cases?
a) Defamation cases should be made a criminal offense.
b) Defamation cases should only be filed in written form.
c) Defamation cases should be limited to harm to public order.
d) Defamation cases should be made only a civil offense.
Answer: d) Defamation cases should be made only a civil offense.
10. How is hate speech defined by the Law Commission?
a) Incitement to violence against any person.
b) Expression intended to harm the reputation of any person.
c) Speech that causes fear or alarm.
d) Incitement to hatred against a group based on certain characteristics.
Answer: d) Incitement to hatred against a group based on certain characteristics.
11. Which provision of the Information Technology (IT) Act was struck down by the Supreme Court?
a
) Section 124A
b) Section 499
c) Section 66A
d) Section 144
Answer: c) Section 66A
12. What was the reason for striking down Section 66A of the IT Act?
a) Offensive and menacing messages were not defined clearly.
b) It restricted the freedom of thought and expression.
c) It was misused by the government for political purposes.
d) It violated the right to reside and settle in any part of India.
Answer: b) It restricted the freedom of thought and expression.
13. What is the suggested solution for hate speech laws?
a) Hate speech should be criminalized with stricter punishments.
b) Hate speech laws should be defined clearly to prevent misuse.
c) Hate speech should be allowed for advocacy of unpopular causes.
d) Hate speech should only be restricted if it incites violence.
Answer: b) Hate speech laws should be defined clearly to prevent misuse.
14. Which article of the Indian Constitution guarantees the right to assemble peacefully?
a) Article 124A
b) Article 499
c) Article 19(1)(b)
d) Article 20
Answer: c) Article 19(1)(b)
15. What can be a reasonable restriction on the right to assemble peacefully?
a) Restraining assemblies that endanger human life, health, or safety.
b) Prohibiting assemblies against the law with five or more persons.
c) Allowing assemblies only on public land.
d) Prohibiting assemblies that challenge the authority.
Answer: a) Restraining assemblies that endanger human life, health, or safety.
16. According to the Supreme Court, do trade unions have the right to strike?
a) Yes, it is a fundamental right.
b) No, it can be controlled by appropriate industrial law.
c) Yes, but only for specific industries.
d) No, it violates the right to freedom of profession.
Answer: b) No, it can be controlled by appropriate industrial law.
17. Which constitutional amendment included the right to form cooperative societies?
a) 42nd Constitutional Amendment
b) 97th Constitutional Amendment
c) 73rd Constitutional Amendment
d) 86th Constitutional Amendment
Answer: b) 97th Constitutional Amendment
18. What can be a reasonable restriction on the right to practice any profession or occupation?
a) Imposing professional or technical qualifications.
b) Allowing the state to carry on trade or business to the exclusion of citizens.
c) Restricting the right to certain industries.
d) Requiring licenses for all professions.
Answer: a) Imposing professional or technical qualifications.
19. Which article of the Indian Constitution guarantees the right to move freely throughout the territory of India?
a) Article 124A
b) Article 499
c) Article 20
d) Article 19(1)(d)
Answer: d) Article 19(1)(d)
20. What can be a reasonable restriction on the right to move freely?
a) Protecting the interest of any scheduled tribe.
b) Ensuring public health and morals.
c) Restricting movement based on language or ethnicity.
d) Limiting movement for certain professions.
Answer: b) Ensuring public health and morals.
21. Which right guarantees the right to reside and settle in any part of India?
a) Right to assembly
b) Right to freedom of residence
c) Right to form association
d) Right to move freely
Answer: b) Right to freedom of residence
22. What can be a reasonable restriction on the right to reside and settle in any part of India?
a) Protecting the interest of any scheduled tribe.
b) Ensuring public health and morals.
c) Restricting residence based on language or ethnicity.
d) Limiting residence for certain professions.
Answer: a) Protecting the interest of any scheduled tribe.
23. Which article of the Indian Constitution guarantees protection in respect of conviction for offences?
a) Article 124A
b) Article 499
c) Article 20
d) Article 19(1)(d)
Answer: c) Article 20
24. What does the provision of "no ex-post facto law" under Article 20 mean?
a) No person shall be convicted of any offence except for violation of a law enforced at the time of the commission of the Act.
b) No person shall be subjected to a penalty greater than prescribed by the law.
c) No person shall be convicted based on false evidence.
d) No person shall be punished without a fair trial.
Answer: a) No person shall be convicted of any offence except for violation of a law enforced at the time of the commission of the Act.
25. What can be a reasonable restriction on the freedom of profession?
a) Imposing professional or technical qualifications.
b) Allowing the state to carry on trade or business to the exclusion of citizens.
c) Restricting the right to certain industries.
d) Requiring licenses for all professions.
Answer: a) Imposing professional or technical qualifications.
26. What does the law commission define as hate speech?
a) Incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, etc.
b) Criticism of the government or political opponents.
c) Offending or menacing messages on the internet.
d) Advocacy of unpopular causes.
Answer: a) Incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, etc.
27. Which section of the Indian Penal Code (IPC) criminalizes defamation?
a) Section 124A
b) Section 499
c) Section 66A
d) Section 144
Answer: b) Section 499
28. What does Section 499 of the IPC criminalize?
a) Any expression intended to harm the reputation of any person.
b) Any expression that results in a breach of peace.
c) Any expression that violates public order.
d) Any expression against the government.
Answer: a) Any expression intended to harm the reputation of any person.
29. What is one criticism of the defamation law in India?
a) It is excessively strict and arbitrary.
b) It only applies to written expressions.
c) It is too lenient and allows for personal revenge.
d) It violates the freedom of speech.
Answer: a) It is excessively strict and arbitrary.
30. Which court upheld the constitutional validity of the defamation law?
a) High Court
b) Supreme Court
c) District Court
d) International Court of Justice
Answer: b) Supreme Court
31. What is the Supreme Court's argument for upholding the defamation law?
a) The right to reputation is a part of the right to life and personal liberty.
b) Freedom of speech does not include damaging the reputation of others.
c) Defamation should not be misused for personal revenge.
d) The process of prosecution is itself
a punishment.
Answer: a) The right to reputation is a part of the right to life and personal liberty.
32. Which section of the Information Technology (IT) Act was struck down by the Supreme Court?
a) Section 124A
b) Section 499
c) Section 66A
d) Section 144
Answer: c) Section 66A
33. What was the reason for striking down Section 66A of the IT Act?
a) Offensive and menacing messages were not defined clearly.
b) It restricted the freedom of thought and expression.
c) It was misused by the government for political purposes.
d) It violated the right to reside and settle in any part of India.
Answer: b) It restricted the freedom of thought and expression.
34. Which article of the Indian Constitution guarantees the right to freedom of assembly?
a) Article 124A
b) Article 499
c) Article 19(1)(b)
d) Article 20
Answer: c) Article 19(1)(b)
35. What can be a reasonable restriction on the right to assembly?
a) Restraining assemblies that endanger human life, health, or safety.
b) Prohibiting assemblies against the law with five or more persons.
c) Allowing assemblies only on public land.
d) Prohibiting assemblies that challenge the authority.
Answer: a) Restraining assemblies that endanger human life, health, or safety.
Here are 8 Match the Column questions based on the class notes you provided:
Question 1:
Match the statements about sedition laws with their corresponding descriptions:
A) Purpose of sedition laws during British rule
B) Debate on sedition laws post-independence
C) Need for sedition laws to tackle insurgency and secessionist tendencies
1) Enacted by the British to curb the national movement
2) Debate left to future generations to decide
3) Necessary to address insurgency and secessionist tendencies
Answer 1:
A - 1
B - 2
C - 3
Question 2:
Match the arguments against sedition laws with their corresponding descriptions:
A) Importance of dissent and criticism in democracy
B) Possibility of misuse and impact on freedom of speech
C) International trend of abolishing sedition laws
1) Criticism of government as an essential part of democracy
2) Scope for misuse and adverse impact on freedom of speech
3) Democratic countries removing sedition laws
Answer 2:
A - 1
B - 2
C - 3
Question 3:
Match the statements about defamation with their corresponding explanations:
A) Definition of defamation and harm to reputation
B) Defamation law challenged in the Supreme Court
1) Expression intended to harm a person's reputation, loosely worded law
2) Challenged for being excessive, arbitrary, and void for vagueness
Answer 3:
A - 1
B - 2
Question 4:
Match the descriptions related to defamation cases with their corresponding explanations:
A) Civil offense and requirement for written form
B) Consequences of criminalizing defamation
1) Defamation cases treated as civil offenses, written form requirement
2) Consequences of misuse, personal revenge, and impact on freedom of expression
Answer 4:
A - 1
B - 2
Question 5:
Match the statements about hate speech with their corresponding descriptions:
A) Definition of hate speech and incitement to hatred
B) Controversy surrounding Section 66A of the IT Act
1) Incitement to hatred against specific groups based on race, ethnicity, etc.
2) Controversial provision related to offensive and menacing messages
Answer 5:
A - 1
B - 2
Question 6:
Match the descriptions related to freedom of assembly with their corresponding explanations:
A) Right to peaceful assembly without arms
B) Restrictions on assemblies for public safety and lawfulness
1) Right to peaceful assembly on public land, restrictions for safety and lawfulness
2) Right to strike vs. right to protest, differences in Japan
Answer 6:
A - 1
B - 2
Question 7:
Match the statements about freedom of association with their corresponding explanations:
A) Right to form associations, political parties, trade unions, etc.
B) State's power to impose reasonable restrictions
1) Right to form various associations and state's power to impose reasonable restrictions
2) Inclusion of cooperative societies as part of the right to form associations
Answer 7:
A - 1
B - 2
Question 8:
Match the provisions of Article 20 with their corresponding explanations:
A) Protection against conviction for offences
B) Ex-post facto law and penalty greater than prescribed
1) Protection against conviction except for violation of enforced law
2) Prohibition on ex-post facto law and excessive penalties
Answer 8:
A - 1
B - 2
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