SEDITION LAWS: AN OBSTACLE TO FREEDOM OF SPEECH IN INDIA

SEDITION LAWS: AN OBSTACLE TO FREEDOM OF SPEECH IN INDIA

SEDITION LAWS: AN OBSTACLE TO FREEDOM OF SPEECH IN INDIA

AUTHOR – KIRTI YADAV, STUDENT AT SCHOOL OF LEGAL STUDIES, K R MANGALAM UNIVERSITY

BEST CITATION – KIRTI YADAV, SEDITION LAWS: AN OBSTACLE TO FREEDOM OF SPEECH IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1517-1524, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The right to free speech and expression has two sides: while it gives people enjoyment, it also forbids some actions that can be construed as abusing this fundamental and unalienable freedom. Any act or utterance that encourages people to hold anti-national opinions against a government or that is likely to disturb the stability or tranquillity of a nation is considered sedition. Seditious offenses carry a severe sentence of at least 7 years in jail, with the possibility of life in prison The provision became abused to the extent where the Court declared it to be ” similar to giving a carpenter a saw to chop some wood and he uses it to clear the complete forest[1].

The multifaceted connection among sedition laws and the inalienable right to free expression is examined in this research paper. The paper explores the legal foundations, historical background, and current issues that sedition laws present to the right to free expression. Through a critical analysis of seminal cases, court interpretations, and the dynamic nature of these laws, it illuminates the fine balance that must be struck between protecting individual liberty and national security concerns.

Keywords: Sedition laws, Democracy, Freedom of speech


[1] Kishorechandra Wangkhemcha & Anr Vs. Union of India W.P.(Crl.) No.106/2021