Union Home Minister Amit Shah declared today that a new Bill will “completely repeal the offence of sedition” – something that human rights groups have long demanded.
Except this is not precisely what’s going to happen.
The minister announced three new bills – Bharatiya Nagrik Suraksha Sanhita Bill, Bharatiya Nyaya Sanhita Bill, and Bharatiya Sakshya Bill – which aim to replace the Indian Penal Code, Criminal Procedure Code and Indian Evidence Act, respectively. They will be sent to a parliamentary standing committee for approval.
Shah said they were prepared over four years and will focus on “justice instead of punishment”. They will also ensure “police can’t exploit their powers”.
Penalties for sedition are covered under section 124A of the penal code. But this is section 150 of the new Bharatiya Nyaya Sanhita Bill, dealing with “offences against the state”.
The Bharatiya Nyaya Sanhita Bill also includes the death penalty as punishment for murders by a mob:
Several lawyers and journalists have already flagged concerns with the new bills.
Sedition repealed says Amit Shah. Do they think people won't read Bills?
— Dhanya Rajendran (@dhanyarajendran) August 11, 2023
While the Centre says the #sedition law has been repealed, it has been brought in the form of another provision under the Bharatiya Sanhita Suraksha Bill. Sec 150 apparently accepts the Law Commission's recommendation to enhance alternative punishment to 7 yrs from 3 yrs. pic.twitter.com/XfXgmfkBly
— Utkarsh Anand (@utkarsh_aanand) August 11, 2023
So, you're saying that the new bill strikes off the sedition law and brings it back in this form?
— Areeb Uddin (@legallyuddin) August 11, 2023
This so called definition is wider than the previous provision and also imprisonment has been increased to seven years or imprisonment for life? https://t.co/yuFn8GrLDQ pic.twitter.com/jueFssHeZl
Wow! 3 hugely important laws which will affect all of us, are introduced at the end of this session, w/o any disclosure or discussion.
— Prashant Bhushan (@pbhushan1) August 11, 2023
The colonial wolf of sedition brought back in sheep's clothing.
This is New Democracy in Modi's New India! https://t.co/dinQ0hjMka
Sedition 5x. Subversive activities not defined. Explanation is weird- does not say whether it includes or excludes. pic.twitter.com/OzpSp8Jz1i
— Dushyant Arora, India. (@atti_cus) August 11, 2023
Breaking now: existing sedition law under section 124 of IPC to be ‘completely’ repealed home minister @AmitShah tells Lok Sabha. But section 150 of the new Bharatiya Sanhita Suraksha Bill introduced in parliament gives ample scope to pursue ‘sedition’ like cases. Will this pass… pic.twitter.com/kOuQJvAlbu
— Rajdeep Sardesai (@sardesairajdeep) August 11, 2023
It should be noted that other laws like UAPA and NSA will continue.
Watch this video on Newslaundry on everything that ails our colonial-era sedition law.
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