In a big U-turn from recent statements the Centre told the Supreme Court on Monday that the provisions of the colonial era sedition law (Section 124A) will be re-examined and reconsidered.
On Monday, the government also asked the court not to consider the petitions challenging the colonial law and to wait for the reconsideration exercise to be conducted by the Centre.
The Supreme Court had earlier fixed May 10 as the date to hear petitioners who are challenging the constitutional validity of the sedition law.
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In a new affidavit filed in the Supreme Court, the centre said, “In the spirit of Azadi ka Amrit Mahotsav (75 years of Independence) and the vision of PM Narendra Modi, the Government of India has decided to re-examine and reconsider the provisions of Section 124A, Sedition law.”
Concerned by the widespread misuse of the sedition law, the top court in July last year had asked the union government why it was not repealing the provision used by the British to silence people like Mahatma Gandhi.
On Saturday, the centre had defended the sedition law and a 1962 verdict of a constitution bench upholding its validity, saying they have withstood “the test of time” for about six decades and the instances of its abuse would never justify reconsidering it.
The top court, in 1962, had upheld the validity of the sedition law while attempting to restrict its scope for misuse. It had held that unless accompanied by incitement or a call for violence, the criticism of the government cannot be construed as a seditious offence.
However, in recent years, the law has been used to suppress dissent, target critics of governments at the centre and in states, and harass journalists, activists and the opposition according to many experts.
SEDITION LAW.
Section 124A states that a person commits the crime of sedition if he/she brings or attempts to bring in hatred or contempt, or excites or attempts to excite disaffection towards the government established according to the law. It prescribes the maximum punishment of life imprisonment.