·The Hindu·15 marks·250–350 words

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
  1. Why vagueness becomes a tool of control
  2. Historical evidence
  3. Safeguards that narrow the risk

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. 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
  2. 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)
  3. 3PRS Legislative Research — Legislative Brief, Bharatiya Nyaya Sanhita, 2023Section 152 and the undefined term "subversive activities"
  4. 4Law Commission of India, 279th Report, "Usage of the Law of Sedition" (2023)retention of sedition with procedural safeguards against misuse
  5. 5PRS Legislative Research — Monthly Policy Review, May 2022Supreme Court suspending enforcement of Section 124A IPC

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