SEDITION IN INDIA: ASSESSING THE CONTEMPORARY LEGAL FRAMEWORK, ITS APPLICATION AND CHALLENGES

Abstract

Sedition laws in India have their origins in the British Raj's attempt to quell any opposition to their rule during the colonial era. Acts intended to incite hatred or contempt for the Indian government were made illegal by Section 124A of the Indian Penal Code (IPC), which was passed in 1860. Preserving power and averting any rebellion against the colonial government was the goal. While the government has deemed it necessary to impose reasonable restrictions to free speech and expression, they cannot restrict citizens from voicing their opinions and concerns or criticising the government, especially when it is done in a way that does not harm the nation and its people. Critics assert that the current version of the sedition law jeopardises the fundamental right to free speech and expression guaranteed by the Indian Constitution. They argue that the law's ambiguous and broad wording fosters misuse and silences critics. Concerns regarding the law's potential for misuse have been raised by cases in which people, activists, or journalists have been accused of sedition for voicing their opinions. This paper attempts to study the origin, history and evolution of sedition law, its implications on free speech and expression and the contemporary scenario in India.