Sedition In India: An Analysis Of Its Implementation, Adjudication, And Constitutionality Concerning The Latest Report By The Law Commission
- IJLLR Journal
- 1 hour ago
- 2 min read
Pratyasha Chakraborty, ILS Law College Pune
ABSTRACT
The colonial hegemony of the Imperial British Empire has abandoned the law of sedition as one of its most oppressive vestiges. Post the Independence of India, even though India was slowly becoming a ‘democracy’, no changes were brought to the existing law. In its application, firstly, the courts have had very dynamic opinions regarding what would substantially constitute the offense of ‘sedition’. Speculations about the confusion arising out of defining the words ‘public order’, ‘security of the state’, ‘incitement to violence’, ‘the knowledge of a likelihood of it’, ‘threat to national sovereignty and integrity’, ‘excitement of disaffection’, ‘disapprobation’ and so on, and distinguishing them, have led to the courts formulating a very complicated reasoning to judge sedition-related cases. Secondly, although the apprehensions regarding the constitutionality of the provision have been resolved because of incorporating the offense of sedition under the broad topic of ‘reasonable restrictions’ provided under Art 19(2) of the Constitution, the never-ending debate continues whether or not the ground of ‘sedition’ is ‘reasonable’ to restrain ‘freedom of speech and expression’. Speaking ill of the government, or exciting a feeling of disaffection towards it, be it by inciting violence or by peaceful protests when the latter becomes tyrannical, is the hallmark of any democracy. Lastly, and most importantly, the most significant reason for public opinion to scrap the law of sedition is the misapplication in which it is put by the government. The widespread arrests and un(charge)sheeted case files corroborate such an opinion. This paper sets out to not only analyze all three implications of the law, and the repercussions they have on the larger society, but also the counter-arguments to the defences justified in favour of retention of the law, by citing existing literature and using them as a potential source.
Keywords: misapplication, law commission report on usage of sedition, public order and national security, incitement to violence.
