LAW RELATING TO SEDITION IN INDIA VIS-A- VIS FREEDOM OFSPEECH AND EXPRESSION: ISSUES AND CHALLENGES

“Affection cannot be manufactured or regulated by the law. If one has no affection for a
person, one should be free to give the fullest expression to his disaffection, so long as he does
not contemplate, promote or incite to violence”.2
Introduction
India being a democratic country runs by representatives elected by the people. Every citizen
has a right to put forth his opinions, ideas, and grievances relating to governance of the Country.
Therefore, among the several fundamental rights, the most powerful one is the right to free speech
and expression. However, this right has been curbed by the sedition laws of the country. The recent
increase in instances of invoking sedition laws against human rights activists, journalists and public
intellectuals in the country have raised important questions on the undemocratic nature of these laws,
which were introduced by the British colonial government. Arrest of various persons under Section
124A IPC have leads to widespread public criticism and has raised serious questions about the validity
of this provision in a modern constitutional democracy.
Sedition is an offence incorporated into the Indian Penal Code which government have found
handy to silence or discipline critics. This nineteenth century law has been retained by the democratic
government in free India. Not only that, it has perhaps been used more often after 1947 than the
colonial government did during the 77 years of its presence in the Penal Code. Sedition was not a part
of the original Indian Penal Code enacted in 1860 and was introduced in 1870.
This research paper dealt with the law relating to sedition in the country, its origin, pre-independence
and post-independence scenario, recent cases of use of this provisions under section 124-A of IPC
which is inherently contrary to the fundamental right under Article 19(1)(a) of Constitution.