Addressing The Inconsistency: Sedition And Freedom Of Speech And Expression

Devika Garg, Jindal Global Law School, O.P. Jindal Global University

I. INTRODUCTION

British bequeathed numerous laws for Independent India. A lot of them are accepted, a few of them repealed and a few of them controversial. The law of sedition, given in Section 124A of the Indian Penal Code falls in the latter category. The law of sedition has become a weapon at the hands of politicians. Voices of dissent or criticism turn into shouts of hate and anti- nationalist notions. Further, this law continually gives a chance to the government to mimic the colonizing masters. The circumstances during which it was felt that there was a need for such a law do not prevail in the present. It reminds us of the era when Fundamental Rights did not exist in our country. It is observed that there is a constant need for the law to be modified and updated as with changing social and economic changes felt in the society. The anachronistic law of sedition also requires going through the test of relevance in the current times. Today, several attempts have been made by journalists, human rights activists, and even comedians to bring attention to the misuse of such a law and challenge its constitutionality and legitimacy of the same. This paper elaborates on the criticism and problems of the law of sedition in light of various judgments, what has been its impact on the society keeping in mind the changing interpretation of Freedom of Speech and Expression under Article 19(1)(a), status of sedition in England, and an analysis as to do we really require the law of sedition.