THE APPLICABILITY AND ENFORCEMENT OF SEDITION LAWS IN INDIA VIS-À-VIS THE RIGHT TO FREE SPEECH AND EXPRESSION

Abstract

Over the past half a century, India has witnessed tremendous growth in fulfilling its economic and political ambitions. It has also strived to achieve social and cultural justice. Although this may be viewed as great achievements of moving towards a progressive society, the actions by the Government, has nevertheless invoked hatred and anger in situations where the laws are moulded to suit the interests of the Government, thereby enlarging the scope for the occurrence of  public outrage and outbreaks, which ultimately create chaos in society. This paper essentially focuses on sedition laws in India, with a specific focus on Section 124A of the Indian Penal Code, 1860 and Section 95 of Code of Criminal Procedure, 1973. It also throws light on the history, concept and the applicability of sedition laws in India, the understanding of which is furthered by supporting it with the plethora of judicial pronouncements and the various incidents that have occurred in the recent past which are the result of the arbitrary usage of sedition laws by the government. The question that is sought to be addressed is whether a balance can be achieved between the usage and enforcement of such laws by the government without infringing the fundamental right of speech and expression of the citizens.