The Law Commission of India in its 279th report, released in April 2023, has recommended retaining one of the most controversial sections of recent times i.e., Section 124A of the Indian Penal Code (IPC) on ‘sedition’. The Supreme Court of India, in S.G. Vombatkere v. Union of India on May 11, 2022, had directed all State governments and the central government to keep in abeyance all pending trials, appeals, and proceedings with regard to Section 124A IPC, as prima facie it felt that this Section was not in tune with the current social milieu. The Law Commission, however, concluded that it was necessary to retain it as it was useful in countering the threat to India’s internal security. The Commission also felt that the Unlawful Activities (Prevention) Act (UAPA), 1967, does not cover all elements of the offence envisaged under Section 124A IPC. The Commission also recommended certain procedural guidelines to prevent the misuse of Section 124A IPC.
Editorial | End the debate: On the Law Commission’s recommendation on sedition
The Law Commission elaborated on the violence perpetrated by the Maoists under Chapter 6 of the report pertaining to ‘Threats to India’s Internal Security’. The Ministry of Home Affairs data, quoted in the report, show that the number of Maoist incidents ranged from 1,533 in 2004 to 509 in 2021 and the fatality varied from 566 to 147 in the same period. It is also undisputed that the central agenda of the Maoists is to capture political power by overthrowing the democratically elected government through a protracted armed struggle and they need to be tackled stringently.
