Will sedition law be repealed or will govt bring a harsher law to replace it | Explained

Home Minister Amit Shah while tabling 3 bills in the Lok Sabha aimed at revamping the criminal laws in India said that the government is 'completely repealing' the sedition law.

Before detailing what the Home Minister told the Lok Sabha, let’s look at a sedition report card and ask a consequent question.

The National Crime Records Bureau or NCRB started collecting data on sedition cases in the same year Prime Minister Narendra Modi came to power, which is 2014.

Since that year and till 2020, 399 sedition cases were filed across the country.

The year 2019 saw the highest number of sedition cases at 93.

73 cases, which is the second-highest number of cases in a year, were filed in 2020.

A major reading from the data is that these cases have a pendency rate between 76% to 93% in the courts.

'The British introduced sedition law to save their empire. I want to tell this House that in a historic decision, this govt is completely repealing sedition law. Completely repeal. This is a democracy... everyone has the right to speak. We are completely repealing sedition,' Amit Shah said in the Lok Sabha

'There was no provision for secession, armed rebellion, subversive activities, separatist activities, endangering sovereignty or unity
and integrity of India. They were somehow fitted in but now there is,' he added.

The takeaway is that the sedition law, which most of the opponents of the BJP government claim is being misused, must go.

But the data too proves that the contentious law has been in vogue since 2014. Now to the consequent question: why would a government do away with a law that it has enforced to ensure our sovereignty is unharmed?

The larger attempt is that we will be saying goodbye to the British-era criminal laws of which sedition is part and its imposition was a badge of honour for India’s freedom fighters.

A proper reading reveals that there isn’t much to read- it is likely a very familiar case of name change.

In the Indian Penal Code, Section 124 deals with sedition, and under the proposed law Section 150 of Bharatiya Nyaya Sanhita Bill, 2023 will deal with crimes covered under sedition.

Section 150 does not mention the word 'sedition' but provides for punishment for 'endangering sovereignty, unity and integrity of India.' So, the possible reason why we are given to believe that the sedition law would be revoked.

In reality, incumbently sedition draws a punishment of life imprisonment or imprisonment which may extend up to three years, but the new bill proposes life imprisonment or imprisonment which may extend to seven years for 'endangering sovereignty, unity and integrity of India.'

What is in the name, nothing and everything but in this case enhanced punishment