‘Disaffection ’ and the Law: The Chilling Effect of Sedition

What place does a colonial legacy which, in its logic, believes that people are bound to feel affection for the state, and should not show any enmity, contempt, hatred or hostility towards the government established by law, have in a modern democratic state like India? This question lies at the heart of this essay, which examines how these laws impact the ability of citizens to freely express themselves and limit the ability to constructively criticise or express dissent against governments. The recent conviction of Binayak Sen by a trial court in Raipur on charges of sedition (amongst other charges), and a spate of sedition charges fi led against media personnel and human rights activists across the country have turned the spotlight on a 140-year old law, a draconian colonial legacy that has increasingly been used by governments across the country to stifl e dissent and curb free speech. The Supreme Court lawyer and legal commentator Rajeev Dhavan has com-mented on how sedition provisions are a prime example of the manner in which the imperial powers of a foreign government are transformed into the normal powers of an independent regime (Dhavan 1987: 290). The segment corresponding to Sec-tion 124A, the law that defi nes sedition in the Indian Penal Code, was originally Sec