Uploaded on Mar 7, 2022
The act of Sedition is a crime that has been committed by way of action, speech, or publication. It usually targets officers, judges, or ministers by arousing contempt or hatred in mass. Here, an attempt is made to disturb the peace of the State by initiating speeches, publications, or meetings. Seditious words in written format are referred to as seditious libel. Besides, a seditionist is a person who carries out different kinds of seditious activities. Read More: https://www.obhanandassociates.com/blog/tracing-the-history-of-sedition-in-india/
What should you know about Sedition Laws in India
What should you know about Sedition Laws in India?
The act of Sedition is a crime that has been committed by way of action, speech, or
publication. It usually targets officers, judges, or ministers by arousing contempt or
hatred in mass. Here, an attempt is made to disturb the peace of the State by initiating
speeches, publications, or meetings. Seditious words in written format are referred to
as seditious libel. Besides, a seditionist is a person who carries out different kinds of
seditious activities.
History of Sedition Law
Sedition laws came into existence in England in the seventeenth century as lawmakers
wanted to sustain the opinions that were only in favor of the government. The
lawmakers believed negative opinions against the monarchy and the government were
highly detrimental to society as a whole. In 1870, the British borrowed the sentiment or
law from England and inserted it within the Indian Penal Code's Section 124A. During
colonial rule, the Britishers used the rules of Sedition to sentence and convict freedom
fighters of India. In 1897, the sedition law was used to convict Bal Gangadhar Tilak's
freedom fighter. Similarly, after some time, the law was used to prosecute Mahatma
Gandhi due to publishing his articles within Young India.
Issues related to Sedition Law
Rampant usage of the Sedition Law is linked to colonial rule as colonial rulers used the
law to prosecute people who stood against British policies. Prominent freedom fighters
such as Mahatma Gandhi, Lokmanya Tilak, Bhagat Singh, Jawaharlal Nehru, and so
on were sent to jail for their seditious writings, activities, and speeches during the
British rule. The Indian Constituent Assembly was reluctant to include the 'Sedition
Law' within the Constitution of India. Several members felt that the law could curtail the
right to freedom of speech and expression.
Besides, the members argued that this law could misuse a tool to suppress the
constitutional right of citizens- the right to protest. According to the Supreme Court's
verdict in Kedar Nath Singh vs. State of Bihar Case 1962, the application of the
Sedition law is limited to:
Acts that intend or have the tendency to give rise to disorders, or disturb law and
order, or incite violence
Thus, an attempt to invoke sedition charges against lawyers, social-political activists,
students, academicians is in disregarded as per the Supreme Court. Due to the
calculated and callous application of the Sedition Law, India is commonly referred to as
an autocratic nation.
Why is Sedition Law important?
Helps to retain integrity and unity: Sedition law allows the government of India to
combat secessionist, terrorist, or anti-national elements.
Helps to maintain stability within a State: Sedition Law aims to protect the elected
government officials from dethroning the government through illegal or violent means.
From the State's stability perspective, the government elected by legal means should
continue to exist.
Intellectual Property Law in India includes laws that have been framed to protect the
ownership rights of creators or owners of intellectual property. Intellectual property can
include anything from designs, artistic works to inventions.
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