Public perception on Law of Sedition in the light of Freedom of Expression guaranteed by the Constitution of India – An Empirical Analysis
Keywords:Sedition, Freedom of Expression, Fundamental Rights, Democracy, Integrity, Security of Nation
More than a century in India, the controversial Law of Sedition Sec. 124A of IPC has been debated vociferously by a gamut of people like Legislators, Law enforcement officers, Activists, Sections of media, Political parties and Advocacy organizations. These debates have been happening between two set of people, who asks for abrogation of this provision of sedition law and people who supports in retention of this contentious provision of Law. Simultaneously, along with these raging debates, courts also have pronounced a mixture of judgments that validated the constitutional integrity, amending the scope of application of section 124 A of IPC. In a thriving democracy like India, it becomes imperative to understand the will of people in choosing between right of expression guaranteed by our constitution and safety of our nation.
In this paper, researchers have attempted to gauge the public opinion towards the Law on Sedition through a survey using a structured questionnaire, as a tool to collect responses. It’s a known fact for everyone that how much significant is to know the will of people in a large functioning democratic country like India. In most of the available literature on this subject of Sedition Law Sec. 124A of IPC, it’s always researcher who forms or holds one opinion then strives to find supporting evidence to strengthen their opinion. Therefore, a research gap exists, that’s to find the will of people through a systematic response system. So, one of the large questions before the researchers is to find out the perception of people in choosing between unrestricted rights of speech or protecting integrity and security of nation. Sedition laws are certainly important to preserve peace and security of nation, however at the same time application of this sec.124A IPC has been extremely questioned, because of misuse by successive governments irrespective of the parties that governed it.
In the main article the authors try to interpret the responses collected from different groups of people on Sedition Law and also will analyse the live FIR executed on Law of Sedition.
LAW COMMISSION OF INDIA Consultation Paper on “SEDITION” 30 August 2018
Indian Penal Code, 1860 Bare Act.
Justice YV Chandrachud, VR Manohar, The Indian Penal Code, (Lexis Nexis, 2010, Page No: Vi)
https://legal-dictionary.thefreedictionary.com/Contempt(Last Accessed date 10-09-2022)
http://www.judis.nic.in, Page NO.11 of 28, Kedar Nath Singh v. State of Bihar
https://legal-dictionary.thefreedictionary.com/Rebellion (Last Accessed date 10-09-2022)
The Superintendent, Central vs Ram Manohar Lohia 1960 AIR 633, 1960 SCR (2) 821
https://indiankanoon.org (Last Accessed date 11-09-2022)
https://www.britannica.com/topic/Statutes-of-Westminster (Last Accessed date 09-09-2022)
https://libguides.bodleian.ox.ac.uk/law-histcom/starch"Star Chamber, named after the star-spangled ceiling of the room where it met in the old palace of Westminster, was effectively the judicial arm of the King’s Council. It became a separate court of law after 1485, but was abolished in 1641. Its judges were normally
Privy councillors and the judges of the common law courts: they were responsible for administering justice directly and supervising other courts. Its business expanded significantly under the Tudors; in the 1530s Star Chamber dealt with about 150 cases a year but by 1600, over 700”.
https://www.british-history.ac.uk/statutes-realm/vol 5/pp304-306 (Last accessed date 08-09-2022)
https://www.legislation.gov.uk/ukpga/Vict/11-12/12/section/III/enacted. (Last accessed date 08- 09-2022)
The Indian Penal Code,12. Ins. by Act 27 of 1870, s. 5 and subs. by Act 4 of 1898, s. 4, for s. 124A, https://legislative.gov.in (Last Accessed on 10-09-2022).
R. Dhavan, Only the Good News: On the Law of the Press in India 285-87(Manohar Publications, New Delhi, 1987)
When Gandhi Stood for Sedition Trial, https://www.hindustantimes.com/india-news (Last Accessed on 09- 09-2022)
Queen Empress v Jogendra Chunder Bose & Ors
Chitranhul Sinha, India’s first sedition case: A newspaper opposed the government’s decision to stop child marriage,https://scroll.in/article/935392/indias-first-sedition-case-a-newspaper-opposed-the-governmentsdecision-to-stop-child-marriage (Last Accessed date 09-09-2022).
http://Judis.nic.in Petitioner: Kedar Nath Singh v. Respondent: State of Bihar
AIR 955, 1962 SCR Supl. (2) 769.
https://www.livelaw.in/pdf (Last accessed date 10-09-2022)
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