Ishan Law Journal

19

November

THE SEDITION LAW IN INDIA: NAVIGATING ITS TENTACLES

Keywords:

Sedition, Freedom of Speech, Indian Penal Code, Bhartiya Nyaya Sanhita

Abstract

Nature had created us all free still we decided to regulate our self for better development but can this regulation be allowed to control our basic aspects of freedom and up to what extent. The laws like sedition quintessentially questions these fundamental facts. And what about the evolution of human society. Forms of punishment practiced and prevalent centuries ago can shake our soul today and have been outlawed in most part of human society. The same way our society has graduated from being a cranky security states to welfare states. All this development of human society has not been a gift but a result of long fought struggle. The laws of sedition in certain way coupled with its arbitrary misuses by lower bureaucracy ins states creates distinctive problems. Even where judiciary intervenes to safeguard basic rights, the process itself becomes the punishment. In this research paper the author has tried to discuss the laws of sedition from its origin to present scenarios especially in regard to the new Criminal laws that has been brought by the Union Govt recently. Although while presenting the bill the Home minister thumped the desk claiming to have eliminated Sedition laws, the paper dives deeper to check his claims that how most of the erstwhile sedition provisions have been retained under a new heading along with certain more tough punishments.

References

  1. GOPALSKRISHNA D SASTRI, THE LAW OF SEDITION IN INDIA (N.M Tripathi private Ltd. 1964).
  2. J.N. PANDEY, CONSTITUTION OF INDIA (Central Law Agency 2022)
  3. RAI BAHADUR ET. AL., LAW RELATING TO PRESS AND SEDITION (Universal Law Publication).
  4. SARAH SARIAL, SEDITION AND THE ADVOCACY OF VIOLENCE FREE SPEECH AND COUNTER TERRORISM (Routledge, 2011).
  5. M P JAIN, INDIAN CONSTITUTIONAL LAW (LexisNexis 2016)
  6. K L VIBHUTE, P S A PILLAI’S CRIMINAL LAW (Lexis Nexis 2014).
Authors

Mr. Rakesh Ranjan Kumar

Assistant Professor, Ishan Institute of Law, Gautam Buddha Nagar, Greater Noida, Uttar Pradesh, India

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Published Date2024-11-19
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How To CiteMr. Rakesh Ranjan Kumar(2024). THE SEDITION LAW IN INDIA: NAVIGATING ITS TENTACLES. Ishan Law Journal, 2(04).
IssueVol.2 No. 04 (2024), ISHAN LAW JOURNAL