I am giving first response only to let the ball move on. The law on sedition is even before British government took over from East India Company. To begin with even British government did not have this law. This was reintroduced and used against freedom fighters.

Now environment differs. Being citizens of free nation, we have right to criticize the government policies. We have also right to protest against injustices by government. The law on sedition incorporated in Section 124(A) is very harsh. This may even lead to life imprisonment.

My view is that the law may be retained but with some modification. Sedition should be redefined. This should mean only helping the alien enemies and directly associating with unlawful organizations who indulgence in violence to sabotage the state. Peaceful demonstrations and speeches should not be treated as sedition. For dealing with offences like insult to national flag and emblems, there is separate law and sedition is not involved.

This is one of the hottest topics doing the rounds now days! Even Pandit Jawahar Lal Nehru had once pointed out that the laws pertaining to sedition are highly obnoxious and objectionable. He had said that "the sooner we get rid of it the better". Little did he would have imagined that this statement of his will find relevance even after more than 60 years later. Had the 124(A) section in the IPA been amended in the early years of independence we would have been enjoying the right to freedom of expression always and fully. This has happened with the prominent writer Arundhati Roy too for making a speech regarding Kashmir and the case still lies in the court. The law needs regulation is evident from the fact that a cartoonist who has used silly wit and humor cannot be smiled at and taken lightly. I don't think seeing at the cartoon could have caused anyone to develop a feeling of hatred towards the government. The citizens of India have the senses to take a cartoon as a cartoon and not get carried away with what has been depicted in it. There are a number of other priorities the government has to take care of rather than pondering over a cartoon that had been made with a reason to bring to light the present condition of the constitution that has been left nowhere with the corrupt politicians greedily hovering over it for their own benefits. The laws of insulting the National Emblem were right but the allegation of sedition reeks of the government's insecurities.

Should this section be removed or not?

Sedition laws were introduced by the British in 1870 to suppress the Indian rebellion against the British rule. When we look back , we notice that several freedom fighters have been charged with sedition at different times when we were going through the freedom struggle. Bal Gangadhar Tilak was charged on two occasions - once he was charged for speeches that allegedly incited violence and resulted in the killings of two British officers ( reminds us of Babri masjid Hindutva speeches and Jagdish Tytlers hate speeches , although the context is vastly different ) Mr. Tilak was later convicted but got bail in 1898.
He was also prosecuted for sedition for his newspaper writings which were found to be inflammatory although he maintained that he was innocent , he was convicted and sent to jail for six years....Mahatma Gandhi, and Anne Besant and were others who were targetted by this law .Interestingly, the The initial cases that invoked the sedition law included prosecutions against the editors of nationalist newspapers of those days.Jogendra Chandr Bose , who was the ditor of a newspaper called Bangobasi had commented on the negative economic impact of British rule on India for which he was prsecuted but later let off after he apologised.

Most old timers and freedom fighters were for removing or scraping the sedition law since it had acted against them.However, when we look at things as they are now, with dwindling patriotism and increased corruption , it may not be a good idea to scarp it altogether.There is a constant appeal to repeal the sedition law by , arguing that it goes against the very nature of democratic process also against the Universal Declaration of Human Rights, which guarantees freedom of speech and expression.

No doubt that the citizen of a country has freedom of speech and also has a right to say or write whatever he likes about the Government, its policies , criticise or comment but he does not have the right to incite people to violence or create public disorder against the Government which has been lawfully established .We need to have such deterrents to keep indiscipline and hooliganism at bay.I personally believe that we need a reformed version of such a law in place ..

The issue of removing or amending present law on sedition is briefly: (1) this is very old- first introduced by East India Company. (2) This was used against freedom fighters (3) This is even now used against agitators against government policy and corruption.

Any unrest against government can be suppressed under this law. This will be undemocratic. As regards terrorism, insult to national flag etc, there is separate law.

So, should the law on sedition remain as such or be totally removed or amended. This is just the issue. So, members may kindly ponder over these points and give their considered views.
This post is only to encourage members to write posts in this thread and participate in contest.

Assem trivedi was taken into custody for alledgedly displaying the caricuure of the parliament.This is our national symbol.He will be put into custody till september 24th.His family was also arrested for the seditious content on his portrayal.The law should not be changed.He has done a very serious crime of insulting our National Emblem.Sedition should be dropped from the Indian Penal court as said by the Mumbai Press Club.But the cartoonist is ready to fight with the sedition.

Assem trivedi was taken into custody for alledgedly displaying the caricuure of the parliament.This is our national symbol.He will be put into custody till september 24th.His family was also arrested for the seditious content on his portrayal.The law should not be changed.He has done a very serious crime of insulting our National Emblem.Sedition should be dropped from the Indian Penal court as said by the Mumbai Press Club.But the cartoonist is ready to fight with the sedition.

Sharmishtha, I wish you would read the first post carefully. You are only posting the facts we all know. The discussion is about whether to remove the section or not! So please stick to it or else you will not be allowed to participate in the GD!

We all know and accept one thing: that the only constant thing in this World is Change. Those times were different, conditions were different and the people we were fighting were different. Our constitution was written keeping in mind that we always wanted to have good relations with British and hence such kind of laws came into practice.
Now govt. is being criticized everywhere and everyday. Now they are left with no options but just to arrest by just putting any kind of charge on the name of it, but things have changed now and gov.t should understand that people won't stop with any kind of reasoning. So either amend the law or remove it completely..
How can you put sedition charges for putting up a cartoon and yes it is a cartoon and which I don't think is provoking any kind of particular class of people except our lame govt.. So its totally irrelevant...

State and government differ. Criticizing government cannot be sedition. Even asking people to change the government can not be sedition. But during British period government and state meant the same thing.

State means the institution. Government is party government. Fighting one party government with a view to replace by another is normal democratic process. This cannot be sedition.

Sedition needs be redefined. Government and nation/ state are not same. The present law of sedition does not recognize the difference between state/ nation and government.

In order to strengthen democracy, law of sedition needs a change. Sedition should apply only when some one (1) supports a foreign government and organization working against India (2) supports an Indian organization working to overthrow the government through violence or extra constitutional means.

Insulting national flag and symbol is serious matter but this is covered under different law. So, this should not be included in treason or sedition.

What we need to discuss is as to what activities may be covered under sedition (treason). I have listed some. Members may please consider this and suggest any other activities that may be covered in 'sedition' , what change is necessary or should the law be abolished.

The Sedition Act made it unlawful for any person to write, print, publish whatever they want.This law should be restricted.

We as ctizens have the right to criticise the government and its policies otherwise our country will not be called a democracy.It is another matter altogether that well meant criticisms often get overlooked becaues of many other issues involved.
I agree that sedition laws need to be redefined since times have changed and the same law may have lost its relevance.Even when it was formed it had its own drawbacks so all the more reason now to relook and modify it.

Insulting national symbols and flag shows that a person has disregard or at best has given it the due importance it needs to be given, however it does not become a serious crime in my opinion.Just because another person shows reverence to the National flag but carries on with some illegal and criminal activities does not automatically make the person a patriot.
I too feel that Sedition should be applied when you indulge in activities which are anti national and are not in the best interest of the country , this may be any form. As long as citizens get affected by it and there are deaths and unrest and loss to the nation this should be used.