Sedition Laws In India: The Tightrope Walk Of Democracy
- IJLLR Journal
- Jan 27
- 1 min read
Udisha Singh, OP Jindal Global Law University
ABSTRACT
Freedom of speech constitutes the cornerstone of a liberal democracy. Nevertheless, this fundamental right cannot be regarded as absolute. Justifiable limitations on free speech are imperative to maintain a balance with national security interests. Sedition laws, while contentious globally, are "necessary evils" to balance national security interests and public discourse. Global experiences of democracies like US and UK suggest that when Sedition laws are removed their place is often taken by harsher anti terrorism laws. This paper delves into the significance of sedition laws, contending that while the absence of such regulations would lead to the implementation of far more severe anti-terrorism laws, thereby inducing a chilling effect on free speech. Within this context, sedition laws are preferable, albeit necessitating reform. The replacement of Section 124A of the Indian Penal Code with Section 152 of the BNS merits thorough examination, as India appears to be following a trajectory similar to that of the United States, which retracted sedition laws only to replace them with more draconian anti-terrorism measures aimed at suppressing dissent and free speech.
