This article has been written by kommula vikram of Lloyd law college
Section 12
A of the Indian Penal Code defines sedition as words, whether spoken or written or signs or visible display or otherwise, which incite or attempt to incite hatred or contempt or incite or attempt to incite disaffection against the established government. by law and provides for the punishment of the offender with imprisonment for life which may extend to fine or with imprisonment which may extend to three years which may extend to fine or fine.
The history of sedition laws in India can be traced back to the Indian Penal Code, which was enacted in 1860 during the British Raj. It was added to the law in 1870. The British used this law to suppress the Wahabi movement and jail activists like Lokmanya Tilak and Mahatma Gandhi.
In 1961, the Punjab High Court ruled that sedition violated Article 19 freedom of expression and declared it unconstitutional. The Allahabad High Court followed suit and the case was transferred to the Supreme Court. Finally, the Supreme Court in Kedar Nath v State of Bihar upheld the constitutionality of Section 12
A.
Merely criticizing the government or expressing contempt for government action does not constitute rebellion. For an act to constitute sedition, it must violate/disturb the public peace or law by violence and incite violence.
Article 19 (a) of the Constitution of India provides for freedom of expression. It is a fundamental right and cannot be taken away. However, it is not absolute and is subject to reasonable restrictions under Article 19 (2) in the interests of the sovereignty and integrity of India, national security, friendly relations with foreign countries, public order, decency or morals or relations. contempt of court, defamation or incitement to crime.
One of the most important features of democracy is freedom of expression. A democratic country is a country where citizens have freedom of choice and the right to express their choice. Denying them their right to express would take away the essence of democracy.
However, while all citizens have the right to speak freely and express their views and opinions, it must be kept in mind that with those rights, they also have certain duties to perform as citizens of India. A democracy can function in its best possible way only when the State and the citizens perform their own duties, and think first on national level, and then on individual.
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