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CONSTITUTIONAL VALIDITY OF SEDITION LAW: CHANGING PARADIGM & TIME TO RE- EXAMINE THE LIMITS OF VICTORIAN LAW

By Yashvi Singh


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Abstract
“The use of Sedition is like giving a saw to the carpenter to a cut of piece of wood and he uses it to cut the entire forest itself” (CJI N.V. Ramanna).
India has various laws inherited from the colonial rule that showcase a strong Victorian and archaic legacy. Lord Macaulay’s idea behind notorious provisions like Sedition was to give a Good Government instead of a Free Government. The offence of Sedition was added to the Indian Penal Code in the year 1870 as response of Wahavi Movement. The British Government enacted Section 124A into the primary penal legislation. The author has mentioned the question of moot that how the sedition law has been handed-down as a tool to fulfill the political motives during the colonial government against the nationalist and social leaders. Further, it has been mentioned the issues and dilemmas associated with sedition laws. The Constituent Assembly debates also display that how various members considered it as anti-free speech. However, it continues to be applied as political tool to suppress varied opinions. The author notes the manner to understand the relation and balance between Sedition (Section 124A) & Freedom of Speech and Expression (Article 19(1)(a)), as sedition laws stand as an exception to the freedom. Further, in a Comparative Analysis, sedition in any country is considered as one of the gravest crimes of all times. The article focuses on eponymous decisions of the Hon’ble Supreme Court and High Courts and discusses the way forward as the time to re-examine the limits of Sedition Law.
Keywords
Sedition Law, Colonial despotism, Victorian Law, Dissent, Liberty, Nationalism.

TypeResearch Paper
InformationLex Humanitariae: Journal for a Change, Volume II issue IV, Pages 412-426
ISSN 2582-5216
Creative CommonsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
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