Having posted before about this nefarious law [see also: https://humanrightsdefenders.blog/2021/06/16/delhi-high-court-re-establishes-that-criticism-is-not-sedition/], it is good news that on 11 May 2022 India’s Supreme Court suspended this law which activists say is often used by Prime Minister Narendra Modi’s government to target free speech and dissent.
Mr Modi’s critics say that the law, which was once used by Britain to target independence hero Mahatma Gandhi, has been abused by his government against many journalists, activists, and students. Section 124A of the Indian penal code gives wide-ranging powers to the police to arrest people, who can even face life imprisonment, for an act or speech that “brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government”.
India’s official crime data says 236 people faced sedition charges between 2018 and 2020. India sparked global outrage last year after 22-year-old climate change activist Disha Ravi was arrested for sedition for allegedly creating a “toolkit” to aid anti-government farmer protests.
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“The rigours of Section 124A (are) not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime,” India’s chief justice N V Ramana, part of a three-judge bench hearing a petition against the law, said. Mr Ramana asked the government not to file any new sedition cases and pause ongoing sedition investigations.
“All pending trials, appeals and proceedings” under sedition, the court said, “be kept in abeyance” until the “re-examination of the provision is complete“.
The government had said Monday that it had decided to “re-examine and reconsider” the law but it remained in force. The top court also urged people jailed for sedition to approach local courts for bail.
Amnesty International welcomed the Supreme Court’s order “For far too long, authorities have misused the sedition law to harass, intimidate, and persecute human rights defenders, activists, journalists, students, filmmakers, singers, actors, and writers for peacefully exercising their right to freedom of expression,” Aakar Patel, Chair of Amnesty International India’s Board, said. “Sedition has been used as a tool of political repression by successive governmens”i
Nagpur-based lawyer Nihalsingh Rathod, who represents many accused in the Elgar Parishad case said the legislature should have re-examined the relevance of sedition a long time ago. The Supreme Court’s interim order was an important step in rights jurisprudence, he said.
“It won’t bring complete respite as no state invokes an isolated provision. In present cases too they invoke many provisions, including UAPA. But still, it brings hope that the process of looking at sedition and jurisprudence around it is being re-examined. It offers some hope that sedition law will undergo some churn that has never happened,” he said…
https://www.sbs.com.au/news/article/indias-top-court-suspends-use-of-controversial-sedition-law/wy0racqs4
https://economictimes.indiatimes.com/news/india/sedition-law-lawyers-and-free-speech-activists-welcome-sc-order/articleshow/91500777.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
Hans Thoolen on Human Rights Defenders and their awards 