Plea in legislation within the Supreme Courtroom to problem the constitutional validity of Part 124A of the IPC
An appeal has been filed with the Apex Court to challenge the IPC Insurrection Act for violating the Indian Constitution.
The plea was brought by attorneys Varun Thakur, V. Elenchezhiyan and Aditya Ranjan, stating that Section 124A was enacted in favor of the British Crown but was not intended to prevail in a democratic country like India.
The petitioners also stated that riot laws not only violate fundamental rights under Article 19 (1) (a) and Article 21, but also discriminate against journalists, women, students and others whose behavior does not correspond to the interpretation of the Supreme Court.
The plea alleges that Section 124A is one such barrier, restricting freedom of expression and expression for those who have dissenting views against the government or its policies, as well as the right to a decent life.
In the petition, these laws were described as tyrannical as there are no corresponding safeguards, unlike those below UAPA (Law to Prevent Illegal Activities).
The riot laws have also been found to uphold unilateral liability as they fail to perpetuate law enforcement liability case in cases where they are in default.
The petitioners are trying to reform the riot laws, including the necessity, proportionality and arbitrariness tests.
The petition contains landmark judgments such as the Common Cause, Shreya Singhal and Balwant Singh cases, in which the Apex Court confirmed the predominance of the rights enshrined in Article 19 (1) (a).
They stated that citizens have the right to question the government and its representatives without resorting to violent action, and therefore the riot laws pose no less than a threat to Part III of the Constitution.
The petitioners closed the petition with a few instructions to the police and support staff. They endeavored to ensure that the police behave sensitively towards persons who merely exercise their right under Article 19 paragraph 1 letter a non-violently and only punish those who are pursued with violent means.