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Criticising the country is not sedition, free speech implies right to offend: Law Commission

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8 years ago

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Criticising the country is not sedition, free speech implies right to offend: Law Commission

It is time to rethink or even repeal the controversial provision of sedition, Section 124A, from the Indian Penal Code (IPC), the Law Commission has said.

Dissent and criticism of the government or the country are essential ingredients of a robust public debate in a vibrant democracy and an “expression of frustration over the state of affairs cannot be treated as sedition,” the Law Commission has said.

The Law Commission report said that a person should not be charged with sedition for “merely expressing a thought that is not in consonance with the policy of the Government of the day”.

Just a couple of days earlier, the Supreme Court termed dissent as the “safety valve” of a democracy, while hearing a plea against arrests of Dalit and human rights activists and intellectuals over allegations of ‘conspiring against the State’, a move that reignited the public outcry over the Narendra Modi government’s practice of stamping out any criticism and going viciously after anyone who criticizes its policies and politics.

On August 28, human rights activists Sudha Bharadwaj, Arun Ferreira, Vernon Gonsalves, Gautam Navalakha and Varavara Rao were arrested during pan-India raids by the Pune police. While the police had initially claimed that the activists were being arrested for their role in planning the Elgar Parishad event at Bhima-Koregaon in Pune, Maharashtra on December 31 and inciting the clashes between Dalits and upper caste Marathas that broke out the following day, the cops later alleged that the activists were involved in a conspiracy against the Modi government and were also aiding Naxalites.

The activists and their comrades have rubbished these allegations and claimed that they are being hounded by the police at the behest of the BJP government in the state and the Modi regime at the centre for voicing opinions that challenge the political establishment and its claims on governance.

Underlining that “singing from the same book is not a benchmark of patriotism”, the Law Commission, headed by Justice (retired) B S Chauhan said in a consultation paper on sedition law (124A IPC) that the stringent sedition law should be invoked only in cases “where intention” behind the act is to “disrupt public order or to overthrow the Government with violence and illegal means”.

The Law Commission’s consultation paper on the sedition law, thus, comes at a critical juncture.

Sedition cases being slapped against anyone criticizing the Modi government, the Prime Minister or chief ministers of BJP-ruled states, particularly on social media platforms like Twitter and Facebook, has become the order of the day.

“The Commission hopes a healthy debate will take place among the legal luminaries, lawmakers, Government and non-Government agencies, academia, students and above all, the general public, on the above issues, so that a public-friendly amendment could be brought about,” the Commission has said in its paper.

Defending the constitutionally guaranteed right to freedom of speech and expression, the panel said: “In a democracy, singing from the same book is not a benchmark of patriotism. People should be at liberty to show their affection towards their country in their own way. For doing the same, one might indulge in constructive criticism or debates, pointing out the loopholes in the policy of the Government. Expressions used in such thoughts might be harsh and unpleasant to some, but that does not render the actions to be branded seditious. Section 124A should be invoked only in cases where the intention behind any act is to disrupt public order or to overthrow the Government with violence and illegal means.”

In an unambiguous endorsement of a citizen’s right to dissent, or even offend, the Law Commission has said: “For merely expressing a thought that is not in consonance with the policy of the Government of the day, a person should not be charged under the section. Expression of frustration over the state of affairs, for instance, calling India ‘no country for women’, or a country that is ‘racist’ for its obsession with skin colour as a marker of beauty are critiques that do not ‘threaten’ the idea of a nation. Berating the country, or a particular aspect of it, cannot and should not be treated as sedition.”

The consultation paper adds further: “If the country is not open to positive criticism, there lies little difference between the pre- and post-independence eras. Right to criticise one’s own history and the right to ‘offend’ are rights protected under free speech. While it is essential to protect national integrity, it should not be misused as a tool to curb free speech. Dissent and criticism are essential ingredients of a robust public debate on policy issues as part of vibrant democracy. Therefore, every restriction on free speech and expression must be carefully scrutinised to avoid unwarranted restrictions.”

The Commission has invited public opinion on the prospect of either redefining or doing away with Section 124A in the “largest democracy of the world, considering that right to free speech and expression is an essential ingredient of democracy.” Why should India retain sedition when the British, who introduced sedition to oppress Indians, have themselves abolished the law in their country, the Commission asked.

Sedition attracts imprisonment from three years to life.

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Amit Shah praises Dharmendra Pradhan’s resignation, says Nation above post

Amit Shah hailed Dharmendra Pradhan’s resignation as Union Education Minister, saying BJP places the nation and students above any position while highlighting the government’s commitment to examination reforms.

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20 hours ago

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July 26, 2026

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Amit Shah

Union Home Minister Amit Shah on Saturday praised Dharmendra Pradhan’s decision to step down as Union Education Minister, saying the move reflected the Bharatiya Janata Party’s commitment to placing the nation and students above any political position.

In a post on X, Shah said that for BJP workers, the country, its youth and students are more important than any office. He described Pradhan’s resignation as an example of the party’s guiding principle of prioritising national interest over personal ambition.

Shah highlights government’s focus on exam reforms

Amit Shah said the Narendra Modi-led government respects the sentiments of students and remains committed to strengthening the examination system following concerns over alleged paper leaks.

He said the Centre has introduced strict measures to ensure severe punishment for those involved in examination paper leaks and expressed confidence that these steps would deliver justice to students who cleared the National Eligibility-cum-Entrance Test (NEET).

Praises Pradhan’s work as Education Minister

Recalling Dharmendra Pradhan’s tenure, Shah highlighted several initiatives undertaken during his time in the Education Ministry. He credited Pradhan with helping implement the National Education Policy (NEP), expanding PM SHRI schools, promoting digital education, strengthening skill development and improving coordination between industry and academic institutions.

Shah also said Pradhan worked towards making examinations more inclusive and student-centric, adding that his tenure reflected his commitment to the vision of a developed India.

Resignation follows NEET controversy

Dharmendra Pradhan’s resignation comes amid nationwide protests over alleged irregularities in the NEET examination and growing demands for accountability.

The resignation has triggered political reactions across party lines. While opposition parties have described the development as a result of sustained student protests, BJP leaders have projected it as an example of accountability and commitment to national interest.

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Assam flood death toll rises to 66, over 6.5 lakh people still affected

Assam’s flood situation improved slightly on Saturday, but more than 6.54 lakh people remain affected in six districts. Four fresh deaths have pushed the state’s flood toll to 66.

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20 hours ago

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July 26, 2026

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Assam floods

The flood situation in Assam showed marginal improvement on Saturday, though the disaster continued to impact more than 6.54 lakh people across six districts. Four more deaths were reported during the day, taking the total number of fatalities in this year’s floods to 66.

According to the Assam State Disaster Management Authority (ASDMA), three of the latest deaths were reported from Sivasagar district, while one person lost their life in Charaideo.

The number of affected people declined from over 7.05 lakh across nine districts on Friday to 6,54,800 across six districts on Saturday, indicating a gradual improvement in the overall situation.

Sivasagar remains the worst-hit district

Among the affected districts, Sivasagar continues to be the worst hit, with nearly 2.9 lakh people impacted by the floods. Charaideo follows with around 1.9 lakh affected residents, while more than 1.3 lakh people remain affected in Jorhat.

The other districts still facing flood-related challenges are Dibrugarh, Golaghat and Nagaon.

Relief operations continue across affected areas

The ASDMA said the state administration is operating 274 relief camps and aid distribution centres across the affected districts. Around 18,902 displaced people are currently taking shelter at these facilities.

The latest daily bulletin also stated that floodwaters have inundated 810 villages across the state, while 34,970.8 hectares of agricultural land have suffered damage.

Rivers flowing above danger level

The floods have also damaged embankments, roads, bridges and other public infrastructure in several areas.

Authorities said the Dikhou River in Sivasagar and the Dhansiri River at Numaligarh are flowing above the danger level, and officials continue to closely monitor the situation.

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UP Government forms new SIT led by 3 IPS officers to probe Ayodhya Ram Temple donation theft

The Uttar Pradesh government has formed a new SIT led by three IPS officers to investigate the alleged Ram Temple donation theft case in Ayodhya following Supreme Court directions.

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20 hours ago

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July 26, 2026

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Ram Mandir

The Uttar Pradesh government has reconstituted a Special Investigation Team (SIT) headed by IG Kiran S, with DIG Somen Verma and SSP Dr Gaurav Grover as members, to investigate the alleged theft of donations meant for the Ram Temple in Ayodhya. 

The move comes after directions from the Supreme Court, which sought a reconstituted investigation team to ensure an independent and comprehensive probe into the allegations.

The newly formed SIT is expected to continue the investigation and submit a status report before the Supreme Court on July 27.

Senior IPS officers to lead the probe

According to the state government, the investigation will now be supervised by senior IPS officers.  The revamped SIT has been tasked with examining all aspects of the alleged embezzlement of temple donations and carrying the investigation forward.

The Supreme Court had observed that criminal investigations and technical examination of theft-related cases are more effectively handled by experienced police officers, leading to the reconstitution of the SIT under senior IPS leadership.

Probe to continue under court supervision

The case relates to the alleged embezzlement of offerings (chadhava) donated by devotees at the Shri Ram Janmabhoomi Temple in Ayodhya.

The Supreme Court is monitoring the investigation and will review the SIT’s status report at the next hearing.

Authorities are expected to continue examining evidence collected during the earlier stages of the investigation as the newly constituted SIT proceeds with the case.

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