This document discusses the history and application of sedition laws in India. It mentions key figures such as Gandhi, Tagore, and Ambedkar who advocated for civil liberties and freedom of speech. It outlines India's sedition law under Section 124A of the Indian Penal Code and how the law has been interpreted by the Supreme Court to not criminalize mere criticism of government. However, sedition laws continue to be used in some states and against activists. The document provides context on the development of sedition laws from British rule to the modern Indian Constitution and debates around balancing national security and civil rights.
31. ARTICLE 19
Protection of certain rights regarding
freedom of speech, etc. All citizen shall have
the right
19 (1)(a) – to freedom of speech and
expression
38. The Indian Penal Code
Section 124A: Sedition –Whoever, by word,
either spoken or written, or signs, or by visible
representation, or otherwise, brings or
attempts to bring into hatred or contempt, or
excite or attempts to excite disaffection
towards, the Govt. established by law in
(India) shell be punished with imprisonment
for life, to which fine may be added, or with
fine.
39. The Code of Criminal Procedure
CrPc : 1973
Contains Section 95 which gives the govt.
that right to forfeit material punishable
under Section 102A.
41. Prevention of Seditious
Meetings Act, 1911
Criminalize meetings likely to promote
sedition or disaffection. Continues to be on
our statues books.
47. What the SC of India said:
Kedar Nath Singh vs. State of Bihar 1962
The Supreme court held that “a citizen has a
right to say or write whatever he like about
the govt. or measures, by way of criticism or
comment, so long as he does not incite
people to violence.’’
48. P.ALAVI Vs. State of Kerala
1982
Where the court held that sloganeering,
criticsing of Parliament or the judicial set- up
did not amount to sedition.
49. Balwant Singh and anr vs.
state of Punjab 1995
Raising some slogan a couple of
times….which neither evoked any response
nor any reaction from the public attract such
punishment.
50. Common Cause v. Union of
India 2016
Direction to authorities to follow Kedar Nath
Singh judgment.
