No proposal under consideration to scrap Sec. 124A IPC (Sedition): Law Minister Kiran Rijiju at Winter Session of Parliament

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The Union Law Minister Kiren Rijiju has informed the Parliament in the ongoing Winter Session that presently, “...there is no proposal under consideration to scrap Section 124A of the Indian Penal Code, 1860" which deals with sedition, and that "the question of law regarding Section 124A is pending for adjudication before the Hon’ble Supreme Court of India.” 

The Minister was responding to a question raised by Member of Parliament (MP) M. Badruddin Ajmal:

 (a) Whether Supreme Court has recently termed the sedition law as colonial and has made an observation that it is being misused, if so, the details thereof;

(b) Whether the apex court has directed Government of India to submit its response on necessity and validity of this law as many people have suffered due to misuse of this law, if so, the details thereof; and

(c) Whether the Government is planning to strike down or amend this provision, if so, the details thereof and if not, the reasons therefor?

To this Mr. Rijiju asnwerd that there is no proposal under the Central government's consideration presently to scrap Section 124A of the Indian Penal Code, which deals with sedition. He said:

  1. : No such observations have been found in any judgment/order delivered by the Hon’ble Supreme Court of India. However, M/s Aamoda Broadcasting Company Pvt. Ltd & Another vs The State of Andhra Pradesh & Others, the Hon’ble Supreme Court observed that “the ambit and parameters of the provisions of Sections 124A, 153A and 505 of the Indian Penal Code, 1860 would require interpretation, particularly in the context of the right of the electronic and print media to communicate news, information and the rights, even those that may be critical of the prevailing regime in any part of the nation.”
  2. Mr. Rijiju also referred to Supreme Court decision in Kishorechandra Wangkhemcha & Anr vs Union of India, wherein the Court issued notice to the Union of India, wherein the petitioners have made a prayer before the Hon’ble Supreme Court for an appropriate writ, order or direction declaring Section 124A of the Indian Penal Code, 1860 to be unconstitutional and void.