Should Sedition Law be scraped off?

The sedition law has been a part of Indian Penal code since the independence of India and though
got amended in its technical part, but basically remained same for its substantial part. Harsh
criticism and mere resentments towards the government and its policies will not qualify as sedition.
The sedition law got to be availed only if the territorial integrity of India as well as the sovereignty
of the country were questioned by the individual or a group. Thus challenging the sovereignty and
doing some act which enables dissatisfaction among the subjects which is enough in its nature to
unlawfully uproot the government, constitute the offence of sedition. In the landmark case of
Kedarnath Singh V. State of Bihar, a divisional bench has laid down the criteria , emphasizing on
a necessary ingredient which the offence of sedition involves that are the rebellious use of arm
along with the demand for separation territory or dismemberment of India and in the same breath
the court also enumerated the reason such as the freedom of speech cannot become a tool to raise
public disorder and enrage the armed mutiny against the various institutions of the Nation. By this
judgment, the court has set a high bar for this offence. Thus following this judgment the Andhra
Pradesh and Punjab respective High Courts branded the literature and principles related to
Naxalism and the demand of Khalistan as an offence under the Sedition law.

The effect of any individual’s seditious activity is far reaching, which is why the offence has been
categorized as ‘ Offence against the state’ and not in Chapter XIII of the IPC pertaining to ‘
offence Against Public Tranquility' which in term shows its serious impact and legislative
intention. Section 124A explanations 2 and 3 positively protects the healthy criticism of
government and also saves the fundamental right of Freedom of speech and expression from
getting delineated. Unlike the Colonial era, present India also should not be using this Law as a
tool to muzzle the political interest and setting forth the use of such law to curbs resentments and
healthy criticism of the government.

Thus it should not fertilize the urge amongst our present rulers akin to the urge of the colonial
powers enabling total domination of its citizens. The word sedition is thus extremely reactive in
its own and needed to be used with utmost caution. It should not be treated as a canon used to kill
an ant rather as an arsenal to safeguard nations integrity and sovereignty from unlawful
conjectures. Therefore it is not the Law but the notion of it’s being rampantly misused , which is
got to be scrapped off.