Section 124A : A Curb In Free Speech ?





Jatan Singh, Aligarh Muslim University


ABSTRACT


Freedom of speech and expression forms an important part of the fundamental rights guaranteed by the Constitution of India. Considering the successive enhancement in the ideas and the ways of expression of the individual and the amendments in the Indian laws , there is little scope for the bygone and tyrannical British provisions. However , this archaic law is still in motion , it is really appalling to see that , even after more than 70 years of independence neither the Parliament nor the states legislatures dared to amend the provisions consisted in Sec. 124. In fact it is interesting to note that British Parliament abolished , Sedition , as an offence in 2009 , along with a message for other nations to do so , and embrace the freedom of speech and expression in its true sense , though it is said that UK has incorporated far more stringent laws in its counter terror legislations. In New Zealand also the sedition law was repealed in 2007 on grounds of containing provisions which defy the principles of natural justice and rule of law . Similarly , Australia , Canada , Indonesia and South Korea have done away with sedition law. This law continues to give the government a chance of stepping into the shoes of colonial government. Therefore , the question is whether Sec. 124A should be retained or repealed ? Sedition, as law is also seen as a restrain in the enjoyment of the freedom guaranteed under Article 19(1) (a). The work , wholesomely aims to inquire whether it’s a law or a tool being misused extensively and consequently curbing the freedom of speech and expression.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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