Sedition in india. What is sedition in India and why is it a hot topic of debate? 2018-12-30

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Sedition a potent weapon with India's rulers: 179 arrests, 112 cases filed, 2 convictions

sedition in india

The arrest of cartoonist Aseem Trivedi, who was charged with sedition for his 'offensive' cartoons, has once again brought into focus the contentious law under the Indian Penal Code. Section 124A in The Indian Penal Code. The politics aside, the provision to arrest a person for sedition is a law that has criticized at the highest levels in India for over five decades now. At the center of this debate is the charge of sedition and its existence in the Indian Penal Code. In 1897, he was charged for speeches that allegedly incited violence and resulted in the killings of two British officers.

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Indian Sedition Law: What is it and what does it say

sedition in india

How Was The Law Of Sedition Used Against Indian Freedom Fighters? Cases where no such problem could arise, it cannot be held to be constitutional and valid to any extent. Between 2014 and 2016, 179 people were arrested and 112 sedition cases filed with only two of the cases resulting in conviction. However, slapping sedition charged merely on words spoken or written should needs to be avoided. The Federal Court in Niharendu Dutt Majumdar Vs. Authorities later dropped the charges.

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Sedition Laws in India

sedition in india

The people of India drove out the Britishers from this country and elected these Congress goondas to the gaddi and seated them on it. When we drove out the Britishers, we shall strike and turn out these Congress goondas as well………. That was more than half-a-century ago. These judges were of the view that sedition implies resistance or lawlessness in some form. Moreover, they will immediately put allegations on you for trying to incite them against their nation. But the court upheld the punishment of Kedarnath who did not incite anyone to resort to violence and overthrow the government. Sedition laws should be interpreted and applied according to the guidelines given by the Supreme Court.

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Virtuosity: The Sedition Politics in India

sedition in india

The Indian government has been applying antiquated British-Era sedition laws against countrymen including students, protestors, journalists, activists and now also started to target to common people. As many as 47 sedition cases were reported in 2014 alone, across nine states, according to the National Crime Records Bureau. Yet we have the Assam case where sections of speeches which are part of a larger opposition to a government policy have been taken out of context. Will India proudly stand behind its government's intolerant stance on civil liberties or vow to make a social change where students, journalists, artists, and religious minorities can freely exercise their democratic rights in the world's largest democracy? What have here is a keen journalistic account, with clear political-ideological overtone. A magistrate can order a police officer in charge to investigate on cognizable offence such as Sedition. It is only appropriate to quote his defence, during the 1922 sedition trial. Before independence sedition was a negative law for us as the people who were fighting for us were put behind the bars but after independence it has proved to be a positive law as the people going against and invoking others to go against the nation can be punished, which is required for the unity and integrity of the nation.

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Law of sedition in India

sedition in india

Resignations at such a high level after bidding for a second term is unusual which prompts people to think what would have led to the act itself. The sedition law was introduced as an offence through clause 113 of the Draft Indian Penal Code by Thomas Macaulay in the year 1837. Bal Gangadhar Tilak, the scope of the offense was expanded by the colonial courts and mere attempts to incite feelings of disaffection could be seen as sedition. So, as per the Constitution Bench of the Supreme Court, a person can be charged with sedition only if there is incitement to violence in his speech or writing or an intention to create disorder. It was drafted by Thomas Macaulay and introduced in 1870. The Supreme Court did not want to do that, so, it adopted the strict principles of English Law on sedition which were laid down in the Niharendu case in 1942.


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Virtuosity: The Sedition Politics in India

sedition in india

Updated on February 19 at 9:09 a. Image: Binayak Sen Noted writer Arundhati Roy was sought to be charged with sedition for advocating independence for the disputed Kashmir region. First established in the late 19th century by the British to suppress any Indian nationalistic sentiment, India ironically continues to use it against its own citizens Dutta, 2012. With the advent of Modern Technology and globalization the conditions have changed and most importantly the attitude of people towards the Government or ruling class has revolutionized and people can get the policies and schemes amended in order to improve their estate. Raising of slogans by individuals casually once or twice was held not to be seditious. Opinion Should Sedition law stay? Nafees says, they had no other demands except that the Gujarat government should move towards fulfilling the constitutional obligations towards minorities and international treaties to which India is a signatory. Vs State Of Gujarat And Anr{ 1972 Cri.

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Sedition in India: Section 124 A of IPC vs Freedom of Speech

sedition in india

In 2015, a Maharashtra govt. The din in Indian media has escalated tonight. So we can say that the Law of Sedition took birth in 1870 in India. They too have been charged with sedition and criminal conspiracy. The Indian pledge starts with; India is my country.

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Sedition in India: Section 124 A of IPC vs Freedom of Speech

sedition in india

The caveat however, is that there should be no attempt to excite hatred or contempt or disaffection. If one has no affection for a person or system, one should be free to give the fullest expression to his disaffection, so long as he does not contemplate, promote, or incite to violence. Tilak was convicted and sentenced to six years imprisonment to Mandalay jail. Many of these cases did not involve any violence or incitement to violence. But now, the Colonial Government has gone; India is an independent country. }, the Apex Court held that the freedom of speech and expression is not confined to geographical limitations and it carries with it the right of a citizen to gather information and to exchange thought with others not only in India but abroad also.

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Sedition in India: A Quick History

sedition in india

Image: President of the Shiromani Akali Dal-Amritsar Simranjit Singh Mann. One cartoon titled, 'Gang rape of Mother India' shows a 'Mother India' dressed in a tri-colour sari, with politicians and bureaucrats about to assault her, with a gleeful beast standing by described as 'Corruption'. In short merely giving an opinion about something or raising slogans or comments does not amount to sedition unless those slogans have the intensity to invoke people to violence and to incite them to overthrow the government established by law. Police have the right to arrest without warrant for such offence. Colonial law: The law of sedition was framed by the Britisher to suppress the rebellious Indians who were engaged in activities which were against the decorum of the colonial rule and is hence out of place in a democratic republic where the sovereignty rests with the citizens.

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Why India needs to get rid of its sedition law

sedition in india

Finally it was held that, Section 124A of the Indian Penal Code which makes sedition an offence is constitutionally valid. The charges were dropped a month later following widespread criticism and public protests. In another incident in 1909, he was prosecuted for sedition for his newspaper writings. As freedom of speech and other civil liberties continue to be crushed, a time must come where Indians must reassess their chosen leadership and its suppressive ideology. The issue is not the abuse of the law on sedition but the very purpose behind the Section. In 1959, Allahabad High Court declared that Section 124A was ultra vires to Article 19 1 a of the Constitution. Charge Sheet After the completion of the investigation, police submits charge sheet which consists of F.

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