SEDITION LAW – DOES IT VIOLATE THE FUNDAMENTAL RIGHT. BY MONISHA ACHARYA @LEXCLIQ

INTRODUCTION
Sedition law issue is raised by so many people now a days as many of them think that this law violates the rights of the individuals, and we need to remove this law as this law was started from British Era and now we don’t need this law in our system.
SEDITION LAW –
When any person tries or does spreads any type of hatred and disaffection towards any government whether it is state or central then the person will be booked under Section 124A of Indian Penal Code.
Once the person commit such crime he is punished for 3 years, imprisonment of life time in some cases and have to pay fine.
Supreme Court heard the petition which was challenged by Major General (retired) SG Vomebatkere who has challenged Section 124A of Indian Penal Code which deals with the offence of sedition.
Chief Justice of India NV Ramana turned to Attorney General Kk Venugopal – and he said that sedition law is a colonial law which is British era law it was brought by them to suppress the freedom movement. And the same law was used by the British to suppress the Mahatma Gandhi, Tilak etc.
And now question arise is it still necessary after 75 years of Independence?
So bench consisting of two justice was setup and Venugopal told the bench that- the provision need not to be struck down and guidelines can be set out so that it could meet its legal purpose.
So here we can see chief justice of India had expressed his concern over the misuse of the sedition law and there is no pointing out to any government over this.

In 1870 this law was inserted in our Indian penal code this law was inserted on the advice of Thomas Macule.

Does this law violates the fundamental right of the citizen or not-
So at some extent we can say that sedition law do affect the fundamental right of the citizen.
As the Constitution of India Article 19 (1) which talk about the freedom of speech and expression so we can say that sedition law infringe this term in limited sense i.e. state do have the right to put limitation on your right if there is a genuine reason.
Many times there are people in our country who don’t speak so much about the government but still they are booked under section 124A by the government and we can say that in many cases they misuse this law.

The Supreme Court judgment in Kedar Nath Singh vs. State of Bihar (1962) further restricts the scope of sedition law. In the case, the court had read down Section 124A of the IPC and held that the application of the provision should be limited to “acts involving intention or tendency to create disorder or disturbance of law and order; or incitement to violence”. Thus, the Kedar Nath Singh verdict makes the ‘tendency test’ imperative for imposing sedition cases on anyone, leave alone the media.
As many Protestors, activist were booked for sedition, and they didn’t get any bail even if the evidence are in their support.
Removal of Sedition law is possible if the legislature wanted they can pass the act and repeal the law.

CONCLUSION
So it can be said that everyone have the right to express his views about anything and government also have right to restrict the person freedom to speech and expression if it is threat to public order, soveregnity and integrity of the nation.
Both needs to go hand to hand everyone have limitation which should not be crossed and no one have right to misuse it too.

 

Monisha Acharya

An aspiring lawyer in process.

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