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On February 10, Rajya Sabha Member A. Vijayakumar questioned the Centre whether it would state the number of sedition charges filed in the country and if the accused persons were being freed due to a ‘weak law’ in place. He also asked if the Government intends to strengthen the law.
G. Kishan Reddy, the Minister of State for Home Affairs, in his written response stated that the responsibility of maintaining law and order, including investigation, registration and prosecution of crimes, protection of life and property, rests primarily with the respective State Government.
However, he revealed that the National Crime Records Bureau (NCRB) compiles and publishes information on crimes in its publication “Crime in India”, including the State-wise data of cases registered, charge sheeted, conviction rate etc., under the offence of sedition.
The 2019 data reveals that a total of 93 cases of sedition under section 124A of the Indian Penal Code have been registered across 36 States and Union Territories, resulting in zero cases discharged or withdrawn. But the total number of arrests stand at a staggering 96.
Karnataka tops the list with 22 cases lodged, but only 13 persons being chargesheeted with no conviction. In 2019, Assam accounted for the highest number of arrests at 23, with 17 cases registered and 12 acquittals. But the number of persons convicted for sedition stood at zero.
Besides these States, sedition charges have also emerged from Jammu and Kashmir (11), Uttar Pradesh (10), Nagaland (8), Kerala (4), Jharkhand (3), Rajasthan and Tamil Nadu (4 each), Delhi (1), Haryana (2) and Odisha (2).
On the question of whether the Centre is planning to strengthen the sedition law as it stands today, the MoS’ cryptic answer read: “Amendment of laws is an ongoing process”.
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 answer may be read here:
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