In a perfect society or a truly democratic nation, no dissent—whether in the form of protests, journalism, or civil rights activities—should be associated with sedition. And yet, over decades and under both civilian and dictatorial governments, we have seen politicians, lawyers, and human rights activists charged with this colonial-era law that dates back 150 years and has no business existing in a democracy.
Happily, the Pakistani “sedition statute,” Section 124-A of the Pakistan Criminal Code, was overturned yesterday by the Lahore High Court, which concurred with this stance. According to Section 124-A, those who incite hatred, contempt, or disaffection against the federal or provincial governments constituted by law may be sentenced to life in prison, to which a fine may be added, or to three years in jail, to which a fine may be added. They may also be fined.Needless to say, this legal relic was viewed as an affront to democracy and human rights.
In response to several petitions from civilians contesting the sedition statute on the grounds that it was applied against the government’s opponents, Judge Shahid Karim of the LHC made the order.The petitions would be correct in that we have seen how a long list of people — from Faiz Ahmad Faiz and Habib Jalib to Benazir Bhutto, Nawaz Sharif, and Asif Ali Zardari to a slew of journalists, activists, and civil rights leaders — have been charged under this law for having the audacity to speak out against the power structure of the time.
Gandhi once described sedition as “designed to suppress the liberty of the citizen,” and this is exactly what it has done for Pakistani citizens. Over the years, journalists and human rights defenders have reminded successive governments that labelling anyone a traitor or charging them with sedition is not something to be taken lightly and that anyone who seeks their rights or speaks out cannot be labelled the enemy.
It may be remembered that in 2020, parliament attempted to repeal the sedition law but was blocked by a PTI MNA, and the attempt failed. As a result, every political party in the country is guilty of using sedition as a weapon to silence its political opponents.
The right to association, speech, and expression is guaranteed by the constitution.
Taking away this right through laws like the now-invalidated sedition clause only demonstrates what each government in power thought of the constitution. We have witnessed this in recent years, both under the PTI government and the coalition government, which used the sedition accusation against its own members when it was out of office with the same enthusiasm.
Sedition has continued to play its merry tune to the profit of one side or the other in this vicious cycle year after year, like a game of musical chairs between oppressors and oppressed. We need a way to extend all aspects of democracy and progressive politics for the sake of the people of this country, particularly its large young population. That is the only way we will be able to move forward with hope in these difficult times. Furthermore, it serves no purpose to accuse politicians, journalists, or activists of sedition or worse, regardless of how strongly you disagree with them. The Lahore High Court’s order must therefore be applauded without reservation in light of such progressive jurisprudence.
