Freedom Of Speech and Expression with Emphasis on Sedition and Comparing It to That of Other Countries

Sedition is defined as any action, whether by words, signs or visible representation, which brings or attempts to bring into hatred or contempt, or attempts to excite disaffection towards the government established by law in India.[1] The explanation given says disaffection includes disloyalty and all feelings of enmity as it embraces all those practices that, whether by word, deed or action are calculated to disturb the peace of the State and lead innocent people against the government. Incitement to violence and public disorder is the gist of the offence. However, criticism of the existing government or system and expression of a desire for a different system altogether is not prohibited.[2] Following the same principles in Kedar Nath Singh v. State of Bihar[3] the Supreme Court held that considering the history of sedition and reasons for introducing section 124A the provision must be construed to limit its application as to the act involving intention or tendency to incite violence, create public disorder or disturbance of law and order.[4] This judgment leads to burial of a high court judgment that declared this provision unconstitutional.[5] Allahabad high court despite the first amendment followed two cases of High courts for declaring it unconstitutional .Unfortunately the Kedar Nath judgment buried them all.[6] [1] Section 124A of the Indian Penal Code, 1860 [2] Nihrendu v. Emperor, AIR 1942 FC 22, 26 [3] AIR 1962 SC 955 [4] AIR 1962 SC 955 [5] Ram Nandan v. State of U.P, AIR 1959 Alld. 101 [6] Tara Singh Gopi Chand v.The State, CriLJ 449; SabirRaza v. The State, Cri App No. 1434 of 1999, D/-11-21958