In Lok Sabha, Congress MP Revanth Reddy questioned the government on the number of sedition cases filed in the past 10 years, the conviction rate, and whether the government plans to scrap the provision from the Indian Penal Code.
The MP, on receiving the written response to his question, raised it again during question hour and asked why data till only 2019 has been provided when data until current year was sought.
He further said criticising the government and making it accountable is not sedition but since 2014 the sedition cases have been on a rise. He also said that the conviction rate in 2019 was 3.3% which means the majority of the cases are politically motivated. He also pointed out that law and order of Delhi, at least, is in Centre’s control and several sedition cases have been filed in Delhi in the last one year.
My question today in parliament on sedition law…total number of cases registered under the offence of sedition all over the country and the conviction rate of these cases since 10 years till date.Govt is filing cases against voices raised against them pic.twitter.com/jIg0RzdlLf
— Revanth Reddy (@revanth_anumula) March 16, 2021
The written response given by the Ministry of Home Affairs (MHA) is a presentation of data collated by the National Crime Records Bureau (NCRB) in its Crime in India reports that it annually releases. A comparison of data from 2015 until 2019 shows that there has been a 64% increase in sedition cases registered. The number of cases in 2015 is 30 while in 2019 it has escalated to 93. The numbers have also grown steadily over the years; in 2016 there were 35 cases, in 2017 – 51 cases and 2018 – 70 cases.
Further, if we consider a sum total of some of these parameters, a total of 279 cases have been registered between 2015 and 2019 and trial has been completed in 56 cases but only 5 cases have culminated into conviction.
Sedition is an offence under section 124 A of Indian Penal Code which reads as follows:
[124A. 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, the Government established by law in India, shall be punished with 16[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.
Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity.
Explanation 2.—Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3.—Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.]
It is pertinent to note that recently, a plea was filed in the Supreme Court challenging the constitutional validity of section 124A (sedition) of the Indian Penal Code on grounds that there is an increasing chilling effect of the blatant misuse of it on constitutional democracy, fundamental rights and under Article 19(1)(a) and Article 21.
On February 9, the top court dismissed the plea citing that the petitioners lacked a definite cause of action, which is a prerequisite to challenge any legislation.
The parliamentary response may be read here:
Related:
93 sedition cases registered, but only 2 convicted in 2019: MHA
JNU sedition case: Court directs police to supply chargesheet copies to Kanhaiya, Umar and 8 others