Akansha Sharma, National Law University and Judicial Academy, Assam
ABSTRACT
In the wake of rising conviction rates against the offense of sedition, the Supreme Court of India has stayed the provisions of section 124A of the Indian Penal Code. The law of sedition is a colonial relic, gifted to us by our British masters who wantonly used the provision to silence dissent. The usage of the law in such cold blood led to the tribulation of our freedom fighters, painting our history forever red. The screams of our forefathers still haunt the public who believe that the law besides being arbitrary is unwarranted in toto. With the amplification of unrest in the public, the image of the present government has been made synonymous with the colonial masters. The state today is facing criticisms regarding its peremptory and erratic use of the law to imprison anyone expressing demur against the authorities. While this action is anti-democratic, the law in hand should not be viewed in tandem with the capricious state activities. This article aims to demonstrate the desideratum of sedition laws in modern society. While highlighting the evolvement of the law in due course, the article establishes how the perception of the law has made it look evil in the eyes of the public, and how it is still relevant against the backdrop of free speech and expression guaranteed to all by the rule of law. It shows, how the law acts as an effective deterrent against those who exercise their free speech unconditionally welcoming a state of anarchy.
Keywords: Sedition, British law, Freedom of Speech and Expression, Government, Perception.
