Supreme Court suspends sedition law

In a historic order, the Supreme Court of India on 11 May decided to suspend a controversial law designed to curb dissent against the Indian government.

The 152-year-old law, known as the sedition law, carries a punishment of life imprisonment with a possible fine, or three years in prison with a possible fine, for anyone who “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 the Government.” It will be put on hold until the Indian government reconsiders its provisions.

The colonial law was introduced primarily to curb dissent during India’s independence struggle. Activists have been demanding that India get rid of this law for many years, and on 10 May 2022 the Supreme Court agreed to hear a fresh challenge after a batch of petitions were filed by journalists, activists and politicians, including Trinamool Congress MP Mahua Moitra. While the central government initially defended the law, it later told the court that it will be reviewing the provisions.

The order to suspend the law was passed by a three-member panel including the Chief Justice of India NV Ramana. It states that all pending trials, appeals and proceedings with respect to the charge framed under the law would be kept in abeyance and if any fresh case is registered, the affected parties are at liberty to approach the concerned Courts for interim bail.

The order also stated that it was clear that “the Union of India agrees with the prima facie opinion expressed by the Court that the rigors of Section 124A of IPC was not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime.”

In October 2020 Jesuit priest Father Stan Swamy faced charges under this law, along with other charges. His death at age 83 while still in custody in July 2021 sparked international outrage and was widely considered a violation of human rights.

Many other activists and journalists who have spoken out against the government on issues such as the Citizenship Amendment Act (CAA) have also been arrested under these charges, and as many as approximately 13,000 people will now be able to seek relief under the new order.

CSW’s CEO Scot Bower said: “We welcome the decision of the Supreme Court of India to suspend the sedition law, and commend the efforts of the journalists and activists who have been fighting tirelessly to get rid of this colonial law that has been used to silence dissenters. No one should suffer the way that Father Swamy did, and we hope that this order will pave the way for citizens to speak out without fear of imprisonment or other consequences which effectively amount to the criminalisation of freedom of expression.”

Notes to Editors:

1. In Section 124A of the Indian Penal Code it is written: “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 the Government established by law shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”