Sedition Laws in India: Constant tussle in a Democracy

Indian legal system since independence has tried to keep itself wedded to the fundamental ideals on the edifice of which the Constitution of India was structured. One such ideal was the liberty of expressing one’s opinions, ideas and reflections that ‘We, the People ’ possess and want to convey to the society. Time and again it has been called basic right that must be secured in every democratic set up. However, like every other right, this is also not free from duties and restrictions. Restrictions that tag along primarily focus on security of the state and prevention of disorder in the state amongst others. Besides these restrictions, the sedition law also functions as a limitation on the freedom of expression of the citizens.

Last few years have seen a surge in the number of cases filed under Section 124A of the Indian Penal Code, 1860 that penalizes a seditious act. This article endeavours to look at the offence of sedition from the perspective of freedom of speech and expression and shall also take into account the recent spree of Indian judiciary of writing off the offences which were introduced by our colonial masters and have lost their relevance in the current woke set up.