Sedition In India: A Comparative Study Proposing Abolition Of The Colonial Law

Komal Pal, SRM University, Delhi NCR, Sonepat

ABSTRACT

The concept of sedition laws and its applicability in the current Indian legal environment are the key topics of discussion in this study. In an attempt to limit the unwarranted use of the right to free speech, India passed the statute of sedition. Sedition carries a severe sentence of at least seven years in prison, with the possibility of life in prison. According to Indian jurisprudence, it is regarded as a cognizable, non-bailable, and non- compoundable offence. This specific provision has been widely misused over time, and it is currently being used as a tool for harassment to stifle free speech Strong appeals have been made to repeal the Sedition sections as a result, as they are viewed as outdated laws meant to uphold colonial interests. In a recent petition case, the Supreme Court declared that the sedition act was written during the colonial era and questioned whether it was still necessary after seventy-five years of independence. The Act has been exploited to the extent that the Court said it is "like handing a carpenter a saw to cut a piece of wood and he uses it to cut the entire forest. “This essay primarily examines the sedition laws in our nation, attempting to determine if they are still relevant and whether they should be repealed.

Since India's sedition laws have been used as a means of intimidation to restrict free expression. Since the sedition laws are viewed as antiquated and were created to further colonial goals, there have been numerous calls to repeal them. The primary goal of this essay is to determine if the sedition law is necessary and to provide a thorough study of the legislation. This is carried out carefully taking into account both the judicial and legislative interpretations of the Act. An examination of the concept of free speech and its place in the contemporary social structure further supports the act.