New Delhi: Union Law and Justice Minister Kiren Rijiju on Friday said the Ministry of Home Affairs (MHA) has no proposal under consideration to scrap Indian Penal Code (IPC) Section 124 A dealing with sedition.
Rijiju said the “question of law” regarding Section 124 A is “pending for adjudication” before the Supreme Court.
“The Ministry of Home Affairs has informed that there is no proposal under consideration to scrap Sec 124A of the Indian Penal Code, 1860. Further, the question of law regarding Section 124A is pending for adjudication before the Hon'ble Supreme Court of India,” he told the Lok Sabha in a written reply.
The Law Minister also responded to a question by All India United Democratic Front (AIUDF) lawmaker Badruddin Ajmal on whether the apex court has recently termed the sedition law as colonial and made an observation that it is being misused, and whether the government has been directed to submit its response on necessity and validity of this law.
“No such observations have been found in any judgment or order delivered by the Hon'ble Supreme Court of India,” he said.
Rijiju said the apex court has in a writ petition observed that the “ambit and parameters of the provisions of Sections 124A, 153A and 505 of the Indian Penal Code, 1860 would require interpretation, particularly in the context of the right of the electronic and print media to communicate news, information and the rights, even those that may be critical of the prevailing regime in any part of the nation”, PTI reported.
The Law Minister said the apex court, in a writ petition (criminal) issued notice to the Union of India, wherein the petitioners have made a prayer before the Supreme Court for an appropriate writ, order or direction declaring Section 124 A of the IPC, 1860, to be unconstitutional and void.
“Upon hearing the matter, the Hon'ble Supreme Court vide order dated July 12, 2021 has granted time for filing written submissions and counter affidavit in the matter on behalf of the Union of India,” Rijiju said.
"The Writ petition (Civil) No. 682/2021 has been tagged with other matters wherein similar question of law has been raised and are pending for consideration before the Hon'ble Supreme Court,” he added.
“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 excites or attempts to excite disaffection towards, the Government established by law in [India], shall be punished with [imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine,” reads Section 124 A.