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Press Freedom under Legal Siege
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Context:
The summoning of senior journalists Karan Thapar and Siddharth Varadarajan by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS) has reignited debate over press freedom and sedition-like laws.
Section 152 of BNS — Sedition in Disguise
- Repackaged Sedition: Although sedition was formally removed from Indian law, Section 152 of the BNS criminalises acts “endangering sovereignty, unity, and integrity of India,” which critics describe as sedition in new clothing.
- Ambiguity in Interpretation: The provision equates radical speech with secession or rebellion, despite constitutional jurisprudence recognising that sovereignty and integrity refer only to threats of actual disintegration or armed rebellion.
- Excessive Punishment: The offence carries life imprisonment, making it disproportionate when applied to journalistic critique or dissent that does not amount to separatist activity.
Consequences of Police Summons
- Freezing Effect on Dissent: The summons create a chilling environment for journalists, as any criticism of government policy risks being misinterpreted as “strategic subversion” against national security.
- Financial and Personal Burden: Journalists face significant costs in litigation, travel, and compliance with repeated police summons, converting the legal process into punishment itself.
- Technological Alternatives Ignored: Despite available options like video-conferencing, police continue to insist on physical presence, amplifying harassment and inconvenience.
Accountability and Constitutional Safeguards
- Disregard of Judicial Mandates: The failure to provide a copy of the FIR violates the Supreme Court’s ruling in Youth Bar Association of India (2016) and subsequent High Court judgments.
- Weaponisation of Law: Recent cases against journalists such as Abhisar Sharma show how Section 152 is being used as a tool of intimidation rather than legitimate national security protection.
- Need for State Accountability: The absence of accountability for investigating agencies erodes trust in law enforcement and undermines constitutional protections for free speech.
Practice Question
Critically examine the implications of Section 152 of the Bharatiya Nyaya Sanhita on freedom of speech and expression in India. In your answer, discuss whether the provision amounts to a reintroduction of sedition in a new form.(250 words)
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