Note4Students
From UPSC perspective, the following things are important :
Mains level: Contempt to government (Section 152 (BNS);
Why in the News?
In the 2024 case of Tejender Pal Singh v. State of Rajasthan, the Rajasthan High Court warned that Section 152 of the Bharatiya Nyaya Sanhita (BNS) should not be misused to suppress valid criticism or peaceful dissent.
What are the key differences between Section 152 of the BNS and Section 124A of the IPC?
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How does Section 152 impact freedom of speech and legitimate dissent?
- Chilling Effect: The vagueness of what constitutes an act endangering sovereignty can lead to a chilling effect on free speech. Individuals may self-censor to avoid potential legal repercussions for expressing dissenting opinions or criticism of the government.
- Potential for Abuse: The broad language and lack of clear definitions in Section 152 allow for expansive interpretation by enforcement authorities. This can result in legitimate expressions of dissent being criminalized under the guise of national security.
- Judicial Oversight: The Rajasthan High Court emphasized that Section 152 should not be used as a tool to suppress dissent but rather as a protective measure for national security. It called for careful application and judicial oversight to ensure that legitimate criticism is not equated with sedition.
What are the legal and constitutional implications of enforcing Section 152?
- Constitutional Rights: Enforcing Section 152 raises concerns regarding violations of Articles 14 (Right to Equality) and 19 (Freedom of Speech) of the Indian Constitution. The vague definitions may lead to arbitrary enforcement, undermining individual rights and freedoms.
- Judicial Precedents: The judiciary has historically favoured a consequentialist approach in interpreting laws related to free speech. Previous rulings have established that there must be a direct causal link between speech and its impact for it to constitute an offence. This precedent should guide the interpretation and enforcement of Section 152.
- Need for Guidelines: There is an urgent need for the Supreme Court to establish clear guidelines regarding the application of Section 152, similar to those created in past cases. This would help delineate acceptable boundaries for criticism while protecting national interests without infringing on civil liberties.
Way forward:
- Establish Clear Guidelines: The Supreme Court should set precise guidelines for applying Section 152 to ensure a balance between protecting national security and safeguarding freedom of speech, as done in past landmark cases.
- Promote Judicial Oversight: Enforcement authorities should be required to demonstrate a direct and significant link between the speech and its impact, with courts actively monitoring cases to prevent misuse of the law against legitimate dissent.
Mains PYQ:
Q What do understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do films in India stand on a slightly different plane from other forms of expression? Discuss. (UPSC IAS/2014)
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