Sedition Law: A Weapon against Freedom of Speech and Expression - A Critical Analysis

Abstract

The present research is based on qualitative aspect covering the topic. It is a critical review of Sedition Law and its impact on Indians. As it is relic of colonial rule, the discussion has also dwelt on the Freedom of Speech and Expression including how Sedition curtails it. The study discusses about Sedition law being contrary to public interest. It analyses the intention of British in enacting the Sedition Law. How the British Empire misused it during many epidemics and in trials of freedom fighters have been dealt with in detail. The research traces the origin and development of Freedom of Speech and Expression, especially emphasis laid by framers of the Constitution on preserving such freedom. Also, the study analyses reasonable restrictions imposed on such freedom and how Sedition Law inspite of such restrictions remains subservient to Freedom of Speech. It has also been discussed that Right to Information Act is very much integral to Freedom of Speech and Expression. The research also deals with the issue of Public Interest and as to how Sedition Law is not in accordance with “Salus Populi Suprema Lex”. The Sedition Law has adversely impacted the lives of people. It is an archaic law which interferes with peaceful enjoyment of life. The law continues to be in statute inspite of its colonial past. The research has emphasized on the need to send it to bin, especially when it has been abolished in most modern societies and democracies of the world. The study concludes that dissenters who dare to speak must be protected. The higher ideals of human spirit can be realized only if Freedom of Speech and Expression is unbounded and law such as one on Sedition cannot curtail it.