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Informative Article | Law | India | Volume 8 Issue 4, April 2019 | Popularity: 6.4 / 10

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Law of Sedition in Contrary to Freedom of Speech and Expression

Devesh Kumar

Abstract: All the laws we have are for the welfare of the society, some are inherited from colonial rule during the British period and some are from Indian regime. Now those laws which have been inherited from colonial rule are still in existence today and among them the most debatable provision is section 124-A of Indian penal code which talks about sedition law in India. The true spirit of the legislation is unclear behind the interpretation of this provision. This section is being used as an arbitrary tool by the government against those who intends to ask reasonable questions or those who attempts to show their disaffection towards the government infringing their fundamental right of freedom of speech and expression. In this article we are going to critically analyse the law of sedition and the judicial pronouncement regarding it, which is mostly infringing the freedom of speech and expression. Through this article we will try to reach a favourable outcome or solution which will discard the vagueness of this section enhancing the true spirit of legislation. It is of utmost importance that this provision needs to be examined by superior and competent courts because its clearly evident that this provision is not being properly executed these days and is in constant contrary to article 19 (1) of our constitution. My notion about this provision is very clear, the law of sedition was taken from the British law and in the year 2009 they declared the law of sedition as null and void, so it is essential for us to determine the need for such derogative provision in our legal system. It should also be made clear that what sort of disaffection or expression against the government will amount to sedition.

Keywords: Legislation, Inherited, Infringing

Edition: Volume 8 Issue 4, April 2019

Pages: 854 - 856

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