The Unlawful Activities (Prevention) Act (UAPA), 1967, and the law of sedition under Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2024 — previously Section 124A of the Indian Penal Code, 1860 — together constitute a legal framework for criminalising dissent, according to Rajyogi Brahma Kumar Nikunj.
UAPA and Its Provisions
The UAPA was enacted to prevent unlawful activities and deal with terrorist acts. It grants wide powers to the government to declare an organisation unlawful and to arrest individuals suspected of engaging in activities that threaten the sovereignty and integrity of India. Critics argue that the law is often misused to silence dissent and target activists, journalists, and political opponents.
Sedition Law Under BNS
Section 152 of the BNS, which replaces the colonial-era sedition law, criminalises acts that bring or attempt to bring into hatred or contempt, or excite disaffection towards the government. The provision has been criticised for its vague language and potential for abuse. The Supreme Court has previously upheld the law but cautioned against its misuse.
Impact on Free Speech
Rajyogi Brahma Kumar Nikunj argues that these laws create a chilling effect on free speech and dissent. He notes that between 2014 and 2019, over 100 cases were registered under sedition laws, with many involving peaceful protests or online expression. According to a report by the Commonwealth Human Rights Initiative, the use of sedition charges has increased in recent years.
Legal Challenges and Reforms
Several petitions have been filed in the Supreme Court challenging the constitutionality of the sedition law. In 2022, the court directed the government to keep the law in abeyance pending review, but it remains on the statute books. The government has defended the law as necessary for national security.
Conclusion
The UAPA and sedition law continue to be contentious, balancing national security with fundamental rights. The debate over their scope and application remains ongoing.
