British Era Law Ruling The Rights Of Present
Sedition, a term against the basic tenets of democracy, still flies high
because of the Indian judicial and governmental systems, which still bow their
heads in front of the old colonial rules. Sedition resides under section 124-A
of the IPC, 1860, which was inserted by the Britishers with the sole aim of
imprisoning the freedom of Indian countrymen.
Sedition as an offence is committed when "any person 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". The definition
itself accounts for multiple errors, as words like hatred, contempt or
excitement can be warped by the heat of power and arbitrariness.
Sedition is against the current belief system as it allows for the curtailment
of the rights of individuals if they wish to speak against the actions of the
Speaking out or against the government forms an intrinsic part of our basic
right to freedom, which falls under Article 19 of the Constitution of India.
According to Law Commission of India's 2018 report, sedition is a shadow of
colonial times that should not see light of the day in free India.
In 1962, the Kedar Nath landmark judgement came in, which in itself highlighted
how delicately the law of sedition must be dealt with and talked about its
implementation righteously in rare cases only.
Understanding why this rule was made in the first place, it is easy to deduce
that it was aimed at suppressing Indians and their voices, to allow colonial
rulers to brutally and arbitrarily rule over a resourceful nation. The ultimate
footing of this law was and can never be in our countrymen's favour. The
continuity of this law is not only violative of basic human rights but also of
the basic spirit of the constitution, i.e., democracy and freedom.
Freedom and democracy in today's 21st century stand by checks and balances.
Freedom is the strongest pillar supporting the notion of democracy, if this
pillar is taken away the concept of free and rightful living would be dissolved.
By the people, of the people, and for the people are the phrases being
implemented by the wide-awake youth of the present. Development has taken place
in many spheres, like mentality. However, India continues to follow a law
enacted by the brutal colonial rulers of the past.
This law is a threatening weapon which can be used to suppress dissent and free
In the recent Disha Ravi case, it was decided that nothing can give the
government a free pass to haphazardly put citizens behind bars simply because
they choose to disagree.
We, the citizens, are asked to abide by the constitution as it is the basic
spirit of our country and if we don't do so, we are termed criminals. This
concept is rightly intact in its place, but what about the officials protecting
the arbitrary law of sedition? Aren't they the real criminals?
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