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AN ANALYSIS OF THE SEDITION LAW A

ND HOW IT IMPACTS THE EXERCISE OF
THE RIGHT TO FREE SPEECH.pdf

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Summary
 AN ANALYSIS OF THE SEDITION LAW AND HOW IT IMPACTS THE EXERCISE OF THE
RIGHT TO FREE SPEECH

TOPIC-AN ANALYSIS OF THE SEDITION LAW AND

HOW IT IMPACTS THE EXERCISE OF THE RIGHT TO
FREE SPEECH

Subject-LEGAL METHODS

SUBMITTED TO

Prof.Rima Hore
NMIMS SOL,Navi Mumbai

SUBMITTED BY

Pratishtha shree
(81022200027)

LEGAL METHODS
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 AN ANALYSIS OF THE SEDITION LAW AND HOW IT IMPACTS THE EXERCISE OF THE
RIGHT TO FREE SPEECH

ACKNOWLEDGEMENT

I owe a great deal of gratitude to Prof.Rima Hore, Department of Law, NMIMS

University, for assisting me in understanding the nuances of my field and directing me
at every turn.Her belief in me provided me the assurance I needed to approach my
work with positivity and passion.She gave me insight, motivation, and direction as I
18
was writing this thesis.Without his assistance and encouraging comments, I could not
have finished my research.

I extend my deep gratitude to my family for helping me and encouraging me to finish

this study report.

As this work is the culmination of everyone's efforts who showed promise in me and
my capacity to do research, I would want to close by expressing my appreciation in
the deepest humility to all those I have left out.

Pratishtha Shree

(81022200027)

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 AN ANALYSIS OF THE SEDITION LAW AND HOW IT IMPACTS THE EXERCISE OF THE
RIGHT TO FREE SPEECH

Table of Contents

ABSTRACT ....................................................................................... 4
INTRODUCTION .............................................................................. 5
HISTORY OF SEDITION LAW IN INDIA ......................................... 7
Statement of Problem .......................................................................... 8
Objectives of the Study ........................................................................8
Research Question ...............................................................................8
Hypothesis ..........................................................................................9
A. Laws relating to Sedition in India: ................................................. 10
1. Indian Penal Code, (IPC) 1860 ............................................. 10
2. Prevention of Seditious Meetings act, 1911 ........................ 10
3. Unlawful Activities Prevention Act, 1967 ............................. 10
4. Code of Criminal Procedure, (CrPC) 1973 ...........................11
B.Disaffection vs. Disapprobation and misuse .................................... 11
C.Era of Free Speech and Sedition Law...................................................13
CONCLUSION ................................................................................ 14

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 AN ANALYSIS OF THE SEDITION LAW AND HOW IT IMPACTS THE EXERCISE OF THE
RIGHT TO FREE SPEECH

AN ANALYSIS OF THE SEDITION LAW AND HOW IT

IMPACTS THE EXERCISE OF THE RIGHT TO FREE SPEECH

Pratishtha Shree

NMIMS School of Law, Navi Mumbai

PRATISHTHA.SHREE027@nmims.edu.in / pratishthashree478@gmail.com

ABSTRACT

7
Freedom of speech and expression is essential for the pursuit of knowledge, personal
fulfilment, social stability, and the effective operation of democracy. Everyone has the
right to criticise how well the government is doing in order to encourage constructive
debate and discussion. A conclusion that represents the collective view is reached
with the help of opinions from a wide variety of sources. Without a constitutional
guarantee of the right to voice one's opinion about public matters, a representative
government would not succeed. The arbitrary application of the sedition legislation by
citizens across the nation to suppress divergent viewpoints has increased. Fear of
citizens being imprisoned for expressing their right to free speech and expression has
gripped the nation.India is being plagued by the harsh sedition laws that were left over
from colonial times.

Keywords: Freedom of Speech and Expression, Section 124A, Sedition.

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SECTION-1

INTRODUCTION
The ability to speak and express oneself freely is a crucial criterion for evaluating
modern regimes. It is an unalienable, sacred right that must be upheld in order to
defend each citizen's freedom, liberty, and dignity.Only if these governments permit
freedom of the press and speech can they legitimately be referred to as
"democracies."Governments that repress dissent cannot be described as democratic.
The theoretical literature on freedom of speech and expression reflects this clearly
intimate relationship between free speech and democracy.

In this context, two essential concerns come up: first, to what extent is democracy
required to defend free speech, and second, if freedom of expression is vital to the
notion of democracy. Only after a thorough examination of the ideas behind
democracy and freedom of expression are these questions capable of being answered
with accuracy. It's critical to consider how democracy can be used to support free
expression.This can assist us in determining whether or not freedom of speech is
necessary for democracy.

A single defence of free speech runs the risk of falsely presuming that it is a single,
unifying principle when it is actually a collection of interconnected ones. There may
be various justifications for each principle. The requirement for democracy to
recognise freedom of expression as a unique democratic principle is a fact shared by
all justification theories.The majority of theories, from Milton's to the present, are
based on some variation of "truth discovery," which is frequently related to the idea of
"the marketplace of ideas." These beliefs assert that when all ideas are given the
freedom to circulate and compete, the truth will be revealed. However, in real life, the
truth does not always win out over errors.

Over the years, India has had successful growth in all spheres—politically,
economically, socially, and culturally. It has worked arduously to realise the goals it
has set and is continuing moving forward. However, some government activities that

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 AN ANALYSIS OF THE SEDITION LAW AND HOW IT IMPACTS THE EXERCISE OF THE
RIGHT TO FREE SPEECH

have the potential to incite hostility and discontentment towards the Indian
government have left some Indian residents dissatisfied.

The populace complains that the government has been abusing the law and modifying
it to suit their needs. This paper is based on research of India's sedition laws.The
10
purpose of this essay is to examine Section 124-A of the Indian Penal Code, 1860 and
its applicability in modern times among the numerous sedition law provisions listed.
The paper briefly discusses this law's history in order to understand why it was passed
before going on to discuss its current situation. After that, it goes on to describe the
idea of sedition and several court rulings. The report also describes pertinent instances
in which the administration inappropriately applied the law of sedition.Additionally,
13
that essay examines whether the law is in compliance with the reasonable limitations
set forth in Article 19 (2) of the Indian Constitution or whether it is in fact infringing
11
Article 19 (1) (a), which guarantees the freedom of speech and expression.

The conflict between nation and citizen draws attention to the greater issue of
protecting citizens' individual liberty. A story about state authority is being created by
using the sedition legislation. Sedition charges are brought against people so that they
might serve as role models for others. Nationalism no longer means what it did during
the freedom struggle, when it was thought to be a movement created intentionally to
restrict the rights of citizens. Dissent is now seen as a threat to the country rather than
as a legitimate exercise of democratic rights. The current notion of nationalism stifles
17
freedom of speech and expression as the concept of the anti-national citizen gains
popularity.

The sedition legislation was enacted to safeguard national security, but its abuse in
recent years has made it evident that its true goal was to restrict the speech and
expression of regular people.

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SECTION-2

HISTORY OF SEDITION LAW IN INDIA

In the 17th century, parliamentarians in England passed seditious laws because they
felt that only positive views of the government should endure since negative criticism
of the monarchy and government may be detrimental. The legislation was first drafted
in 1837 by Thomas Macaulay, the creator of the Indian Penal Code (IPC), but it was
left out when the IPC was adopted in 1860.1

Since the British administration so forced control onto the Indian populace. "Sedition
in itself is a comprehensive term and it embraces all those practises, whether by word,
deed, or writing, which are calculated to disturb the tranquillity of the State and lead
ignorant people to attempt to subvert the Government and the laws of the Empire,"
16
Fitzerland, J. observed in the UK's R. v. Sullivan case. The goals of sedition are often
12
to instigate uprising and stir up opposition to the government; yet, the very nature of
sedition tends to inspire uprising or revolt among the populace.

The Prevention of Seditious Meetings Act, which was passed later in 1907, made it
illegal to hold public gatherings that could upset the peace of the community or lead
to sedition and imposed a six-month prison sentence, a fine, or both. The current
sedition legislation in India was thus established more than a century ago by the
colonial authority to repress the Indian freedom struggle. This historical context alone
raises fundamental doubts regarding the necessity of such a statute today, making it a
contentious and divisive issue in the nation.

Now that the current definition of sedition has been added, it can be said that the
former definition was limited to "punish exciting or attempting to excite feelings of
disaffection toward the government," whereas the latter added "bringing or attempting

1
W.R. Donogh, A Treatise on the Law of Sedition and Cognate Offences in British India, Penal
and Preventive with an excerpt of the acts in force relating to the press, the stage and public
meetings 24 (1911).

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 AN ANALYSIS OF THE SEDITION LAW AND HOW IT IMPACTS THE EXERCISE OF THE
RIGHT TO FREE SPEECH

to bring into hatred or contempt towards the government of India as punishable under
the offence."

Numerous independence fighters were prosecuted under this clause, including

Joggendra Chandra Bose, the publisher of the publication Bangbosi, who criticised
the age of consent Bill in an essay for endangering religion and having coercive
relations with Indians.

Statement of Problem

3
The government is abusing section 124A of the Indian Penal Code, which deals with
sedition, to their own ends, which limits the freedom of speech and expression.

Objectives of the Study

The following study goals are intended to be achieved by the paper, which is based on
the aforementioned research questions:

• To research the background and justification for India's Law Against Sedition.

• To investigate whether India's Law Against Sedition is being abused.

• To distinguish between disaffection and disapprobation.

Research Question

1. If the law of sedition is actually necessary in the modern world.

2. Whether charges of sedition are being filed while keeping in mind the distinction
between disaffection and disapprobation stipulated by the Indian constitution.

3. Whether or not the government uses this part in a systematic way.

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 AN ANALYSIS OF THE SEDITION LAW AND HOW IT IMPACTS THE EXERCISE OF THE
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Hypothesis

Based on the research topic, the study uses doctrinal research to attempt to address a
few research concerns. Both positive and negative effects of the sedition law are felt
by Indian citizens. The law has a positive impact on the country's ability to remain
united and stable, but it also has negative effects when government officials abuse it
to suppress free speech and other expression in violation of the Indian constitution's
guarantee of such rights in the name of national security and integrity. The following
paper seeks to provide answers to issues like: Does the law of sedition partially or
completely restrict the right to free speech?

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 AN ANALYSIS OF THE SEDITION LAW AND HOW IT IMPACTS THE EXERCISE OF THE
RIGHT TO FREE SPEECH

SECTION-3

A. Laws relating to Sedition in India:

The Indian legislature has several statute books that address the law of sedition.
Section 124 A of the IPC defines sedition as an offence, as was already mentioned.
But that clause deals with this offence in one of the clauses. The following provisions
outline the definition of sedition and associated penalties:

1. Indian Penal Code, (IPC) 1860

The main provision that can be consulted regarding this crime is Section 124 A,
which defines the offence of sedition. Under this clause, life in prison is the harshest
penalty that can be imposed on an offender.

2. Prevention of Seditious Meetings act, 1911

The Act was created when Britain was in power and is still a component of our legal
system. According to Section 5 of the Act, the District Magistrate/Commissioner of
the Police has the authority to forbid a public gathering in a declared area if, in their
opinion, the gathering is likely to foster dissension or sedition or to disturb the peace
of the community.2

3. Unlawful Activities Prevention Act, 1967

Any conduct that "supports claims of secession, questions or disrupts territorial

integrity, and causes or intends to induce disaffection against India would fall within
its ambit," according to section 2(o) of the Act, is defined as criminal activity.3
Section 13 also describes the penalty for the offence, which includes a fine and a
maximum sentence of seven years in jail.4

2
Prevention of Seditious Meetings Act, Act No. 10, § 5 (1911).

3
Unlawful Activities (Prevention) Act, Act No. 37, § 2(o), (1967).

4
Unlawful Activities (Prevention) Act, Act No. 37, § 13(b), (1967).

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4. Code of Criminal Procedure, (CrPC) 1973

Any publication that violates section 124 A of the IPC may be seized or forfeited by
the government under section 95 of the CrPC.5 Additionally, a search warrant may be
issued by the authorities in order to forfeit a publication. Two requirements must
14
be met in order for this law to be put into effect: (1) the material must be penalised
under Section 124A; and (2) the government must provide justification for its decision
to forfeit the material that is punishable in this way.

1
B. Disaffection vs. Disapprobation and misuse

124A. Sedition: Whoever, by words, either spoken or written, or by signs, or by

visible representation, or otherwise, brings or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection towards, the Government
established by law in [India], shall be punished with [imprisonment for life], to which
fine may be added, or with imprisonment which may extend to three years, to which
fine may be added, or with fine.

Explanation 1: Disaffection encompasses all enmities and lack of loyalty.

Explanation 2: Comments that express disapproval of government measures with the

4
aim of changing them legally—without inciting or attempting to incite hatred,
contempt, or disaffection—do not violate this clause.

Explanation 3: Under this clause, comments that criticise the administration or

another government activity without inciting or seeking to incite hatred, contempt, or
disaffection are not illegal.

3
Section 124 of the Indian Penal Code states unequivocally that only opposition to the
government, not support, constitutes a crime; yet, arrests are still made in response to
government actions. In numerous cases, including Tara Singh Gopi Chand v. The

5
Code of Criminal Procedure, Act No. 2, § 95, (1974).

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 AN ANALYSIS OF THE SEDITION LAW AND HOW IT IMPACTS THE EXERCISE OF THE
RIGHT TO FREE SPEECH

3
State6 on November 28, 1950, Ramnandan v. The State7, and Kedar Nath Singh v.
State Of Bihar8 on January 20, 1962, the same event happened. In all of these cases,
the people involved were unfairly detained for expressing their disapproval of the
government's policies.

The landmark Kedarnath Singh v. State of Bihar decision established the

constitutional legitimacy of the sedition statute under section 124A of the IPC. The
court clarified the difference between the "Government established by law" and "the
persons for the time being engaged in carrying on the administration," arguing that the
former is a physical representation of the State and that, as a result, the sedition law's
existence is a prerequisite for the stability of the State.

The court further noted that in a democratic system, there must be room for policy
2
criticism. It was concluded that "if such criticism without any tendency to cause
public disorder, can be caught within the ambit of Section 124-A of the Indian Penal
Code, then that Section must be declared invalid because it restricts freedom of
speech regardless of whether the interest of public order or the security of the State is
at stake and is capable of striking at the very core of the Constitution, namely free
speech (subject to limited control under Article 1 of the Constitution).

Therefore, even strongly worded criticism of the government's policies and acts that
did not have a propensity to encourage violence was not punished under this charge.
In the well-known Shreya Singhal v. Union of India9 case, the Supreme Court
established three guidelines to test the freedom of speech and expression: (a) Debate,
(b) Advocacy and (c) Incitement.10

5
6
Tara Singh Gopi Chand v. The State, SC 124 AIR (1950).
7
Ram Nandan v. State, All 101 AIR (1959).
8
Kedarnath Singh v. State of Bihar, SC 955 AIR (1962).

9
(2015) 5 SCC 1

10
Nitya Nand Pandey, ‘Sedition vis-vis Right to Speech, International law journal (2018)

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RIGHT TO FREE SPEECH

C. The age of free speech and the sedition law

15
Section 124A of the Indian Penal Code 1860 provides the following definition of
sedition in India :
“124A. Sedition.—Whoever, by words, either spoken or written, or by signs, or by
visible representation, or otherwise, brings or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection towards, the Government
established by law in India, shall be punished with imprisonment for life, to which
fine may be added, or with imprisonment which may extend to three years, to which
fine may be added, or with fine”.11

Not always is the right to free speech guaranteed. The language of the aforementioned section

makes it clear that section 124A limits people's freedom of speech and expression by making it

illegal to use any form of expression that incites hatred, contempt, or disaffection toward an Indian

government that has been duly established or even makes an attempt to incite such feelings. 24 The

punishment outlined in this section appears somewhat irrational considering that anyone found

guilty under this part may get a life sentence. Its effectiveness in the contemporary democratic

system is called into doubt as a result. It is often contested whether this provision is necessary and

relevant in independent, democratic India.

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RIGHT TO FREE SPEECH

SECTION-4
CONCLUSION

“The sedition law needs reconsideration”- Dr. Justice (Retd.) Balbir Singh
Chouhan11

The above study indicates that, while Section 124A of the IPC is required in India to
safeguard public order and national integrity, the section's provisions must be
reassessed. The repeal of this clause would simply lead to members of society going
over and beyond their reasonable limits on Freedom of Speech.
Though it has been noticed that in certain circumstances, the accused are arrested on
claimed charges of sedition, the author believes that these arrests should only be
conducted when there is no reasonable doubt of commission. The author also advises
that the scope of Section 124A be limited to prevent its illegal application by strong
authorities.

In addition, the courts have failed to provide a clear and unequivocal interpretation of
the offence. In recent years, the implementation of the rule of sedition has grown so
capricious that it has sparked widespread debate. Despite the fact that our view on
sedition was determined in 1960, it has continued to be utilised as a tactic of
harassment. In the previous 50 years, Indian society has advanced rapidly, and
individuals have demonstrated 'tolerance' for what could be described as 'incitement
to violence.' The character of government has shifted as well, and the government is
now understood differently than its representatives.The excuse that it is employed for
public upkeep is likewise weak, as sedition is now utilised to address local issues and
issues that may be widely categorised as defamation of the electee.

5
11
Sedition law needs relook: Balbir Singh Chauhan, Law Commission chief, THE ECONOMIC
T
6
IMES, (Mar. 22, 2016),
http://economictimes.indiatimes.com/news/politics-and-nation/sedition-law-needs-relook-
balbir-singh-chauhan-law-
commission-chief/articleshow/51511513.cms

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 AN ANALYSIS OF THE SEDITION LAW AND HOW IT IMPACTS THE EXERCISE OF THE
RIGHT TO FREE SPEECH

The example of England should be followed, where it was eliminated once it became
outdated. Several additional sections cover offences involving public peace and may
be applied. As a democratic state, India must reject this narrow approach of not

7
tolerating healthy criticism, and it is past time for the legislature and judiciary to
propose newer reforms that either repeal or amend the laws relating to sedition so that
they are no longer arbitrary and can be applied uniformly. This colonial regulation
should no longer be utilised to limit citizens' rights in its current form.In a democratic
state, every individual has the freedom to criticise the government, and doing so
should not be considered "anti-national" or a "traitor," because criticism is not
seditious and does not entail encouragement to violence. Because criticism is the
foundation of democracy, sedition laws must be amended to ensure the democracy's
smooth operation.

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