Examine the risks of using broadly-defined public-order offences as instruments of state control, with reference to historical and contemporary examples.
In this answer
Public-order offences framed in open-ended language — "hooliganism", "sedition", "subversive activities" — hand the executive a discretion that long outlives the disorder they were meant to curb. Their central risk is the quiet conversion of ordinary policing into political control.
Why vagueness becomes a tool of control
- Definition shifts from legislature to constable: in Shreya Singhal (2015) the Supreme Court struck down Section 66A, IT Act as "open-ended, vague and undefined", holding it disproportionate under Article 19(2) [2].
- Chilling effect: the Court expressly recognised that imprecise wording deters lawful speech even without conviction [2].
- Process as punishment: prolonged investigation, arrest and trial impose costs regardless of outcome — which is why the Supreme Court kept Section 124A IPC in abeyance in 2022 pending review [5].
- Reform can re-enact vagueness: BNS Section 152 penalises "subversive activities" without defining the term, broadening the acts that may be treated as threatening unity and integrity [3].
Historical evidence
- Soviet Russia, 1926: a dispatch from Riga reported hooliganism making streets unsafe after dark in Moscow and Leningrad, with the Commissar of Interior proposing capital punishment for the worst offenders, citing Ukraine's precedent — a catch-all offence meeting a summary penalty [1].
- Weak formal capacity pushed workmen's clubs to form unofficial self-protection bodies, showing how such laws coexist with, rather than replace, vigilantism [1].
Safeguards that narrow the risk
- Judicially reading offences down to incitement to imminent violence; the 279th Law Commission Report (2023), while retaining sedition, urged explicit procedural safeguards against misuse [4].
- Statutory definition of loose terms, sanction before FIR, and time-bound judicial review.
Vague public-order law is attractive precisely because it is elastic, and dangerous for the same reason: it converts dissent into disorder by definition. The remedy is not fewer public-order powers but sharper ones — narrowly defined offences, tested against the proportionality standard, so that Article 19 freedoms and genuine security needs advance together.
Sources
- 1"Hooliganism in Russia", The Hindu, "100 Years Ago" column, 22 September 20261926 Soviet hooliganism, Moscow/Leningrad, Commissar of Interior's capital-punishment proposal, workmen's clubs' self-protection bodies
- 2Supreme Court of India — *Shreya Singhal v. Union of India* (2015), Section 66A IT Actvagueness, over-breadth and chilling effect on Article 19(1)(a)
- 3PRS Legislative Research — Legislative Brief, Bharatiya Nyaya Sanhita, 2023Section 152 and the undefined term "subversive activities"
- 4Law Commission of India, 279th Report, "Usage of the Law of Sedition" (2023)retention of sedition with procedural safeguards against misuse
- 5PRS Legislative Research — Monthly Policy Review, May 2022Supreme Court suspending enforcement of Section 124A IPC