Sedition Law vis-a-vis Freedom of Speech and Expression

  • Shubhi Sharma and Dr. Ashish Singhal
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  • Shubhi Sharma

    LL.M. Student at ICFAI Law School, The ICFAI University, Dehradun, India

  • Dr. Ashish Singhal

    Associate Professor at ICFAI Law School, The ICFAI University, Dehradun, India

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Abstract

The Sedition Law, as laid down under section 124A of the Indian Penal Code, has always been a contentious issue in India post-Independence and enactment of our Constitution. Sedition forbids the people from doing anything that brings the feeling of “disaffection” against the Government. The law, as stated under IPC section 124A has been given the widest possible meaning by defining Sedition as anything which is either written or spoken or any sign or visual representation or otherwise is done with the intention of bringing contempt, hatred or contempt against any act of Government. The critics of this law have often argued that it is often used to suppress dissent and curtail freedom of speech and expression. This research paper examines the impact of the sedition law on freedom of speech and expression in India, and forbids people from expressing themselves freely. The paper reviews the history and context of sedition law and analyses its use in recent times, along with studying the recent cases of sedition. The paper attempts to understand the law's implications on the democratic values of the country’s Constitution. The study concludes that sedition law, if not regulated, can be used to suppress dissent and undermine the democratic principles of freedom of speech and expression. Therefore, there is a need for a balance between national security and safeguarding the democratic values of freedom of speech and expression. The research aims to contribute to the debate surrounding the sedition law and its impact on freedom of expression in India in the present day.

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Research Paper

Information

International Journal of Legal Science and Innovation, Volume 5, Issue 3, Page 01 - 09

DOI: https://doij.org/10.10000/IJLSI.111570

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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