Law Relating To Sedition in India

Abstract

 The Constitution of India gives freedom of speech and expression to every citizen under Article 19(1) (a). However this freedom is not absolute and reasonable restriction can be imposed on freedom of speech and expression on the grounds mentioned in Article 19(2). On the other hand Section 124A of Indian Penal Code punishes a person for the offence of Sedition when he by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India. From the very inception of Section 124A into IPC, it has been alleged that section has no place in a democracy and it infringes upon the fundamental right guaranteed under article 19 of our constitution. This paper attempts to highlight the lacunas in the definition of Section 124A of IPC and attempts to bring forth its correct interpretation according to the spirit of Indian Constitution with the help of judicial interpretation on the law of sedition. A case is made for the argument that even though it can be conceded that law of sedition has off late been misused by the authorities but considering the geopolitical situation and insurgency in North-East India, The red corridor and the Kashmir valley ,scrapping the law altogether by wildly imitating other countries who have so done  might not be a good option because the geo-political situations in other countries are different from ours and comparing them would be like comparing apples and oranges. Thus instead of repealing the law altogether it would be a wise decision to ensure that it is not misused and is used only in the rarest of rare situations