Law Commission?s views on Sedition Law

Law Commission’s views on Sedition Law

News: Recently, The Law Commission of India has recommended the retention of the 153-year-old colonial law on sedition in India.

Background:
 This article is in continuation of our coverage on Sedition law in this month.
 Earlier in 2022, the SC effectively put on hold the colonial-era penal provision, and asked the Centre/states to desist from arresting/prosecuting people under the contentious provision.
 The Union government recently informed the top court that the legislative process of reviewing/reforming the sedition law was in the “final stages”.

What are the views of Law Commission?
 The sedition law is a reasonable restriction under Article 19(2) of the Constitution.
 The report cited threats to India’s internal security, including Maoist extremism, militancy and ethnic conflict in the N-E, terrorism in J&K.
 Mere fact that a particular legal provision is colonial in its origin does not validate the case for its repeal.
 Jurisdictions like the US, UK, etc., have actually merged their sedition law with counter-terror legislations.

What has the Law Commission recommended?
 To bring about more clarity in the interpretation, understanding, and usage of the provision and to align it with the SC’s 1962 verdict.
 To replace mere inclination to incite violence or cause public disorder with proof of actual violence or imminent threat to violence.
 The commission has proposed to enhance the jail term up to seven years or life imprisonment. (Earlier it was 3 years or life imprisonment)
 Procedural safeguards to minimise the abuse. For example, Section 154 of the CrPC could be amended to hold that a FIR under Section 124A would be registered only after a police officer conducts a preliminary inquiry.