National Crime Records Bureau (NCRB) Data on Sedition Cases

According to recent National Crime Records Bureau (NCRB) data, Assam has been the state with the most sedition charges over the past eight years.

NCRB Report

Data on sedition cases (registered under Section 124A of the IPC) have been available since 2014, according to the NCRB, which accumulates and publishes crime statistics as reported by states and union territories.

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Categorization:

• Under the heading "Offenses Against State," information about sedition instances is included.
• Sedition-related cases filed under Section 124A of the IPC are included under the second subhead, "Others," whereas cases filed under Sections 121, 121A, 122, and 123 of the IPC are listed under the first subhead, "Sedition."
• Facts: Throughout all, 149 offenses against the state were recorded in the nation in 2021, 76 of which fell under the category of sedition and 73 under the category of "other."
• In 2020, there were 172 offences against the state overall, compared to 163 in 2019.

Findings In NCRB's Report:

• Assam was responsible for 69 (14.52%) of the 475 sedition cases reported in the country between 2014 and 2021.
• After Assam, Haryana (42 cases) had the highest number of such cases reported, followed by Jharkhand (40), Karnataka (38), Andhra Pradesh (32), and Jammu & Kashmir (32). (29).
• Over the course of the eight-year period, these six states were responsible for 250 cases, or more than half of all sedition cases reported in the nation.
• In 2021, 76 sedition incidents were reported nationwide, a small rise from the 73 reported in 2020.
• Meghalaya, Mizoram, the Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, as well as Puducherry, did not record even one sedition case during that time.
• Assam was the source of roughly one in every six sedition instances that were reported in the nation over the course of the previous eight years.
• These cases occurred in 93 cases in 2019, 70 cases in 2018, 51 cases in 2017, 35 cases in 2016, 30 cases in 2015, and 47 cases in 2014.
• During the 2014–21 period, eight sedition cases were recorded by each of the three states of Odisha, Tamil Nadu, and Telangana, while six cases were reported by Chhattisgarh, Madhya Pradesh, and Goa.
• Lakshadweep, Punjab, Uttarakhand, and Maharashtra each reported just one case of sedition.
• Arunachal Pradesh and Gujarat both registered three sedition cases, while Sikkim and Tripura registered two each.

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About Sedition Law

• When parliamentarians in 17th-century England believed that only positive opinions of the government should endure because negative opinions were harmful to the government and monarchy, sedition laws were passed.
• Thomas Macaulay, a British historian, and politician, first drafted the statute in 1837; nevertheless, it was mysteriously left out when the Indian Penal Code (IPC) was adopted in 1860.
• James Stephen's amendment to the Constitution, which saw the need for a separate provision to address the offence, resulted in the addition of Section 124A in 1870.
• Currently, Section 124A of the Indian Penal Code makes sedition a crime (IPC).
• A person commits the crime of sedition, as defined by Section 124A of the Indian Penal Code (IPC) if they incite or seek to incite hatred, contempt, or disaffection against the legally established government.
• The clause was included in the penal code (IPC) in 1898, over four decades after the IPC was first published, and it has since passed the constitutionality test.
• Penalty: The offence carries a potential sentence of life in prison plus a fine or an extra three years in jail.
• Since Independence, courts have upheld the statute. In the 1950s, the Punjab and Allahabad High Courts knocked down the sedition law as a restriction on free speech.
• The law was subsequently given constitutional legality by a five-judge Supreme Court judgment in Kedar Nath Singh v. State of Bihar (1962).
• The state was admonished by the supreme court to implement the law fairly and to only apply it in situations where seditious speech was likely to incite "public unrest."
• However, the term "public disorder" was utilized by the Court in its ruling despite it not appearing anywhere in the law's provisions.
• In P. Alavi v. the State of Kerala, the Supreme Court determined that making statements critical of the government or the judiciary system did not constitute sedition.

Justifications for the Sedition Law

• Aids in the fight against terrorist, separatist, and anti-national groups like Maoists, etc.
• The judiciary has a responsibility to uphold Constitutional Articles 19 and 21 and will make sure that the law is not abused.
• In Kedar Nath v. State of Bihar (1962), the court upheld the law's goal of preserving territorial integrity but required actual acts of violence in order for it to be applied.
• provides stability by shielding the elected administration from coups.
• Simply because Section 124A has been improperly used in some well-publicized cases doesn't mean it should be abolished.
• Such clauses are found in the penal codes of sovereign nations, such as the US and other democracies.

Defences of the Sedition Law

• Examples of Abuse: Because the law's provisions are broad in scope, various governments have abused them to target political dissent.
• Unjustifiably, the law is utilized to stifle opponents, including opposition supporters, journalists, social activists, etc.
• Numerous Law Commission studies and court rulings have documented the widespread abuse of the law that endangers the lives of those charged.
• Limits Free Speech: Due to the difficulty in identifying and separating sincere expression of speech from seditious speech, there is a restriction on the lawful use of Free Speech and Expression (Article 19).

Way Forward

• Advocacy efforts are necessary to inform the various facets of society about the significance of this provision in addition to the reform.
• The future of dissent and free expression in the nation may benefit from repealing or amending the sedition statute.
• The government should follow through on its promises and proceed to reach a logical conclusion.

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Bail for Women

Recently, the Supreme Court of India granted interim bail to activist Teesta Setalvad stating that “the relief of interim bail is granted to the appellant (Teesta) in the peculiar facts including the fact that the appellant happens to be a lady”.

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The Code of Criminal Procedure's section on bail that states that "being a woman is a viable cause for granting bail, even where otherwise it cannot be considered," was also mentioned by the Chief Justice of India

Provisions available for Bail for Women

• Section 437 of the Code of Criminal Procedure (CrPC) addresses bail in cases of offences that are not subject to bail.
• It states that a person cannot be released on bail if:
• There is probable cause to believe that they have committed a crime that carries a death or life sentence;
• They have previously been convicted of a crime that carries a death or life sentence;
• They have served at least seven years of a sentence of imprisonment, or they have been convicted twice or more of other crimes that carry sentences of three to seven years.
• However, Section 437 of the CrPC also has exceptions, such as the fact that the court may still issue bail in certain circumstances if the defendant is a minor, a woman, or is ill or infirm.

Additional provisions

• Anyone whom a police officer considers to be familiar with a case under investigation must appear when the officer requests their attendance (Section 160).
• However, no woman shall be obliged to do so anywhere other than her residence.
• The Law Commission argued that the word "place" is confusing and that it would be preferable to change it to "dwelling place" in its 84th and 135th Reports from 1980 and 1989, respectively.

CrPC on the Arrest of a Woman

• An individual who has committed a cognizable offence may be arrested by police without a court order or a warrant (Section 41).
• The police officer is allowed to physically restrain the suspect to complete the arrest under Section 46 if the subject refuses to submit to custody notwithstanding the police's commands or actions.
• A clause was inserted into the CrPC in 2009 stating that, unless other circumstances demand it, only a female police officer may touch a woman who is being arrested.
• A subsection was introduced to Section 46 in 2005 through an amendment, making it illegal to arrest a woman after dusk or before dawn.
• In unusual cases, a female police officer may get a judicial magistrate's prior approval before making the arrest.
• When a person is supposed to be arrested but doesn't show up, the police may try to enter any location where they believe the person is.
• If any such location is a women's apartment occupied by a female (who is not the person being arrested), and if the lady is one who avoids the public eye, the police must notify her beforehand so that she can leave before they enter (Provision to Section 47).
• It also states that before they smash down the door and enter, they must give her every reasonable opportunity to leave.
• Another exemption is that a woman who wants to file a defamation lawsuit but does not typically appear in public can ask someone else to do it for her.

Constitutional Provisions in India against Arrest?

Article 22

• It concerns the protection from arrest and detention in specific circumstances.
• Both citizens and non-citizens may use this article.
• In the event of an arrest, this article offers important procedural protections for people.
• This right is intended to stop arbitrary detention and arrest.

The following precautions are provided in the article:

• Article 22(1) – Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate.
• Article 22(2) – The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
• Article 22(3) – Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention
• However, these protections do not apply to anybody detained under the statute governing preventive detention or enemy aliens.

About Bail:

• Bail is the conditional or provisional release of a person held in custody (in cases where the Court has not yet rendered a decision), in exchange for a commitment to appear in court as needed. It represents a security or collateral that has been deposited with the court for release.

Indian bail types include:

• Regular Bail: This is an order from a court (any court in the nation) ordering the release of someone who has already been arrested and is being held by the police.
• A person may submit an application for such Bail under Sections 437 and 439 of the CrPC.
• Interim bail is a temporary release from custody until the court hears an application for an anticipatory bail or regular release from custody.
• A directive to release a person on bail even before they are arrested is known as anticipatory bail.
• In this case, there is a fear of arrest but no arrest occurs before the bail is approved.
• A person may submit an application for such Bail under Section 438 of the Code of Criminal Procedure (CrPC).
• Only the Sessions Court and High Court may issue it.

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Healthcare Facilities Worldwide

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According to the World Health Organization (WHO) and United Nations International Children's Emergency Fund (UNICEF) Joint Monitoring Program (JMP) report, over half of the world's healthcare facilities lack basic hygiene services, placing 3.85 billion people at an increased risk of diseases.

The research was made public during Stockholm, Sweden's World Water Week.

Highlights of the Report:

Lack of Basic Hygiene:

• 3.85 billion individuals are at an increased risk of infection due to the lack of basic hygiene services in around half of the world's healthcare facilities.
• Patients are not given access to water, soap, or alcohol-based hand sanitisers at these facilities.
• Only 51% of healthcare institutions provided the basic hygienic services that were required.
• About 68% of them had sinks with water and soap for hand washing in the restrooms, while 65% had such amenities at the sites of care.
• Additionally, just one out of every eleven medical centres worldwide possesses both.
• Hospitals and clinics without adequate water, basic hygiene, and sanitation services are potentially lethal for vulnerable populations such as expectant mothers, newborns, and toddlers.

Increase in Various Illnesses:

• A staggering 670,000 babies perish from sepsis each year.
• When the body reacts to an infection by damaging its own tissues, it develops sepsis, a potentially fatal condition.

Disease Transmission Has Increased:

• The spread of disease in healthcare facilities and the evolution of antibiotic resistance are greatly influenced by unhygienic hands and surroundings.
• In the least developed nations, just 53% of healthcare facilities have access to clean water.
• Hospitals perform better than smaller healthcare institutions, with a 90% share for eastern and south-eastern Asia.

Importance of Hygiene

• Facilities and procedures for maintaining hygiene are essential in healthcare environments.
• For pandemic recovery, prevention, and preparedness, must be improved.
• To provide high-quality healthcare, particularly for safe deliveries, it is crucial to encourage access to handwashing with water, soap, and cleansing.

How might the problem be resolved?

• Since the distribution of WASH facilities across geographies and income levels is still unequal.
• Countries must carry out their pledge to improve water, sanitation, and hygiene (WASH) services in healthcare facilities made at the 2019 World Health Assembly.

Government Initiatives

Urban Centers Carry the Brunt at the Moment:

• 910 million people nationwide lack access to decent sanitation.
• Despite the fact that the majority of Indians live in urban areas, funding for urban sanitation is inadequate.

Initiatives:

Swachh Bharat's Job Creation and Toilet Access:

• It tries to lower India's rate of open defecation. 93% of households have access to toilets between 2018 and 2019, a considerable increase from 77% the year before.
• More than 2 million full-time people are employed in the construction of sanitary infrastructure.

Water in Rural Communities:

• While other initiatives and departments focus on urban cleanliness, NRDWM looks after India's rural areas.

• Providing rural families with piped water is one of the objectives.

Safe Water Stations by iJal:

• Through its iJal water stations, the Safe Water Network, a nonprofit organization founded by Paul Newman, has reached out to communities.
• In areas with poor access to clean, dependable water, the stations are locally owned and operated.

WASH Partners:

• The Government of India collaborates with USAID and UNICEF.
• As of September 2020, USAID cited recent successes, such as improved access to potable water, an increase in the number of domestic toilets, and a decline in public faeces.

Way ahead

• Without increasing investments in fundamental practices like safe water, hygienic restrooms, and properly managed medical waste, it is impossible to ensure hygiene in healthcare facilities.
• UNICEF emphasises the creation of demand in communities where open defecation is still prevalent, improving the supply of sanitation products and services in communities where open defecation is low but there are high proportions of unimproved latrines, and encouraging creative financing methods in communities where basic sanitation coverage is high but some households (often the poorest and most marginalized) have not yet been reached.

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