Sedition in a New Guise: Section 152 of BNS and the 'Freezing Effect' on Free Speech
UPSC Relevance
Prelims: Indian Polity and Governance (Fundamental Rights - Article 19, Judiciary, recent criminal laws - BNS), Landmark Supreme Court Judgments.
Mains:
General Studies Paper 2: Indian Constitution—significant provisions and basic structure; Fundamental Rights; Separation of powers; Important aspects of governance, transparency and accountability; Role of civil services (Police).
General Studies Paper 4 (Ethics): Accountability and ethical governance; Abuse of power.
Key Highlights from the News
The author argues that Section 152 of the new sedition law, Bharatiya Nyaya Sanhita (BNS), is a new form of the old law IPC 124A ("sedition in sheep's clothing"), and that it is more dangerous.
The use of this law by Assam Police against prominent journalists from 'The Wire' is seen as an attempt to suppress media freedom.
The misuse of this law will create a "freezing effect" on freedom of expression. This will lead to a situation where citizens and the media fear criticizing the government or its policies.
The process of legal proceedings itself becomes a punishment (process as punishment). This includes summoning for interrogation to distant places, financial exhaustion, and mental harassment.
Police actions, such as not providing a copy of the FIR, are a blatant violation of Supreme Court judgments (Youth Bar Association of India case).
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