Introduction

From the Crown to the colony

The law of sedition has been in place in South Asia since the mid-19th century and continues to be applied by states in the region more than seven decades after independence from colonial rule. Indeed, beyond South Asia, sedition laws remain in place in other former colonies too, including but not limited to, Nigeria, where the post-independence state readily accepted the law, and the courts restrained themselves from challenging it (Okonkwor, 1983); Malaysia, where it has been used by the government in its campaigns against human rights and anti-corruption activists (Kanna, 2020); and Hong Kong, where the once-dormant colonial law has been resurrected to criminalize ‘seditious publications’ and squeeze fundamental rights, particularly in the aftermath of protests against new national security legislations (Davis, 2022). Due to its continued designation as a political crime, and its undermining of fundamental rights and civil liberties, the criminalization of sedition and dissent at large demands further investigation through a critical criminological gaze.

We suggest that the growing application of the law of sedition, in conjunction with other legal frameworks and the extra-legal use of state force (through the police, paramilitary and other institutions), to suppress protests and social movements, a vibrant and critical media, and an active civil society, is symptomatic of persisting regime insecurity in postcolonial Pakistan, where successive governments have neither protected the interests of the masses nor ensured harmonious relations between state actors (such as civilian and military institutions), resulting in excessive reliance upon a broad range of legal instruments for curbing opposition from multiple platforms and power centres.