SEDITION LAW: A FRIEND OR FOE?

Authors: Aryan Data* Khushi Gupta**

“Above all other rights give me the freedom to know, to speak, and to debate according to conscience.”

-John Milton

ABSTRACT

Freedom of opinion and expression is essential for the entire development of a person. They are the foundation of any free and democratic society. Because it gives meaning to life, freedom of speech and expression is the first and basic human right, the basic condition of freedom, and the mother of all rights. However, when exercising freedom of speech, questions often arise, such as how far the state can regulate individual behavior. Personal autonomy is the cornerstone of basic freedom; therefore, every constraint is strictly evaluated. However, this right can always be appropriately restricted to ensure that it is used correctly and that all people have equal access to it. Section 124A of the Indian Penal Code of 1860 defines sedition as a criminal offence. The importance of this part in an independent and democratic country is a hotly debated topic. This article looks at sedition and why it cannot be compared with Article 19 (Right of Freedom of Speech and Expression) of the Indian Constitution. It also raises the issue of application in a democratic world where freedom of speech and expression is regarded as the mother of all rights, and compares India’s sedition legislation with those of Australia, the United Kingdom, and the United States of America, as India’s sedition law viewpoint Different from other countries.

Keywords: Freedom of speech and expression, fundamental rights, democratic society, sedition, Indian constitution.

Publication date and year: 15th November 2021

DOI Link:

Preferred Citation: Data&Gupta, SEDITION LAW: A FRIEND OR FOE?, Vol. I-III, (2021).

SEDITION LAW A FRIEND OR FOE.pdf

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*2nd year BA LL.B. (Hons) ; student of Amity Law School, Noida; Available at: aryandata17a@gmail.com

**2nd year BA LL.B. (Hons) ; student of Maharaja Agrasen Institute of Management and Science; Available at guptakhushi1702@gmail.com