“In law, Sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent (or resistance) to lawful authority.”
The recent story of Dr Binayak Sen getting arrested, for being sympathetic with Maoists, under the provision of the draconian law ( section 124A IPC ) on Sedition by the Chhattisgarh court is really a sorry matter and speaks of ‘lacking judiciary’ in our country. This law on Sedition was devised during the colonial rule of India by the British, to discourage any anti-establishment move by the learned/ educated! Strikingly, to public annoyance, this provision of law has not been updated or corrected to suit post-independence times. ‘Freedom of Speech’ is a fundamental right in a democratic country. No court can stop a citizen from exercising this fundamental right!
In effect, this law on Sedition, was ‘allegedly’ mis-used by the concerned state government of Chattisgarh, to suit its own convenience or to gag dissidence. Eventually, Supreme court has over-ruled the State High Court and ordered to let Binayak Sen out on bail, paving the way for his acquittal. Further, the assurance given by the Indian law minister, Veerappa Moily, to look into this anomaly is welcome. The law minister has highlighted – it is required to recast this provision under section 124A or scrap it all together!