The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
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1.2 Importance and Missuse of Sedition Laws
Sedition as per the Oxford definition is the use of words or actions that are intended to encourage people to oppose a government. It is observed that there is a very thin margin between opposing the government and Criticizing the government which is decided by the government itself.
In such scenarios an individual or a group ends up knocking the door of the court for Justice, which puts the court to decide the margin where the Criticizing stops. As long there is an independent judiciary, Justice is always served, but what if the Judiciary itself is influenced by the very government which has pressed the charges?
The definition and Law of Sedition can be found in Section 124A in The Indian Penal Code. It states that, whoever, by words, signs, visible representation brings or attempts to bring into hatred or contempt to excite disaffection towards the Government established by law in India, shall punish with imprisonment and fine.
Even thou the challenging of the law of sedition in the Supreme Court in Kedar Nath Vs State of Bihar (1962) , the Court upheld the law on the basis that this power was required by the state to protect itself.
There is lot of controversial cases with the law of sedition in India which brings us to the question of freedom of speech. The Constitution of India states that, all citizens shall have the Right to freedom of speech and expression. The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is to secure to all its citizen, liberty of thought and expression.
This clash between the freedom of Speech and Sedition has got the lime light with the Social Network era. Even thou there are reasonable restrictions for certain purposes being impose under Article 19(2) of the Constitution of India, it still gives away a large scope for misuse of these laws.
According the latest data by the National Crime Records Bureau there is a gradual increase in the registration of Police case on Sedition since 2015. 30 in 2015, 35 in 2016, 51 in 2017 and 70 in 2018. It either means there are lots of uprising against the government or Misuse of the said law.
A case of sedition and breach of peace was register against 49 eminent persons, who, on July 24, 2019, wrote an open letter to Prime Minister expressing concern over what they call growing incidents of mob lynching and “religious identity-base hate crimes” which was drop claiming to be a false claim after a uproar across the country. At the same time this law found guilty of few popular personalities like Binayak Sen, an Indian doctor and public health specialist, and activist was guilty of sedition for helping the Maoists in their fight against the state.
Sedition law may be important for the state to defend itself but the state misusing this power to keep their power on governance must be checked. Although most the charges of sedition cases have dropped, the threat of life imprisonment can be detrimental for free speech. The law of sedition has made criticism of the monarch and government a criminal offence.
Freedom of speech and Expression is understood to fundamental right in Indian democracy. The laws on limiting freedom of expression mean that public opinion may not be completely suppressed by all means possible.
This may cause the public find varies way to express their views over the government and its action. Many democratic country has considered this possibility of taking away the freedom of speech has suppressed their Sedition law. Or found and alternative.
In UK, the Coroners and Justice Act 2009 abolished the common law offences of sedition and seditious libel. The laws on sedition were indeed quite arcane in today’s society. Where freedom of thought and expression is a protected right in the U.K. under the Human Rights Act 1998.
Even before the enactment of the Human Rights Act, back in 1977. The Law Reform Commission recommended that these offences be abolish.
In Australia, the Government reviewed of Sedition Laws which included removing the term ‘sedition’. And replacing it with the phrase ‘urging violence’ and clarifying and modernizing elements of the offences.
The government accepted the recommendations of the ALRC report. Which was establish after concerns were raise that the review may not fully independent .
India on the other hand still following the old law of Sedition established in Indian Penal Code, 1860. It was the British Colonization Era, where freedom from them was illegal. Even after more than 150 years the same tradition follows as there has been no change in the society. Law always evolves along with the society, unless there is no big evolution in the society at all.
India is the world’s largest democracy. It makes the world to look at us how a democratic world. Works and how it makes the peoples life easy. The laws adopted by democratic are always reviewed, discussed and appealed, but what if the privileges is not available anymore? Does it make the Government itself a Dictatorship? Or its just to protect the state as the Judiciary depicts.
The legal opinion and the views of the government are towards the law being constitutional; it is unlikely that Section 124A will be scrape. However, the misuse of this law can lead to disturb the fundamental right i.e. the freedom of Speech and Expression.
(Internet Sources)
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