Statement on Indian Penal Code by Act XXVII of 1870

Shillong, 16th July, 2021

As per today's (16/07/2021) news-report, we express our deep appreciation to the Honourable Supreme Court's 3 Judge Bench headed by Honourable Chief Justice of India, N. V. Ramana in raising questions on India still going by the colonial law viz. Section 124 - A, IPC which states:

"Section 124 - A. Sedition. ____ Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excite disaffection towards, the Government by law of India, shall be punished with imprisonment which may extend to three years, to which fine may be added, or with fine."

It may be mentioned that this Section was inserted in the Indian Penal Code by Act XXVII of 1870 and the present section was substituted at the place of the old section by Act XIX of 1898.

In a month's time, India will be celebrate its 74th year of independence from British rule and yet, still many laws enacted by the British have been incorporated and legalized as independent India's laws and therefore treating the people of India and their place of resident as colonies.

Another such law inherited from the British is the Armed Forces (Special Powers) Act of 1958 which was promulgated by the British as the Armed Forces Special Powers Ordinance on 15 August, 1942 to suppress the Quit India Movement then.

In consonance with Honourable Supreme Court, we would urge upon the Government of India to delete this Section 124-A of IPC otherwise it will convey the message that the people of India are not yet free. Instead democracy is being exploited to gain power so as to suppress the people into silence and submission.

Recommendation to revoke AFSPA awaits decision and action by the Union Government and is long pending since the Justice Jeevan Reddy Commission report, the Justice Santosh Hegde Committee report, the U. N. Special Rapporteur report and the people of North East India await revocation.

Further, all laws inherited from British need to be revisited and necessary amendments or revocations should be undertaken with seriousness and time bound.

(Dr. P. B. M. Basaiawmoit)
Consultant

(Anthony Debbarma)
Member
North East Dialogue Forum