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LATEST NEWS UPDATES | Disagreeing With Govt Not Sedition; People Have the Right to Criticise: Law Commission

Disagreeing With Govt Not Sedition; People Have the Right to Criticise: Law Commission

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published Published on Sep 2, 2018   modified Modified on Sep 2, 2018
-TheWire.in

New Delhi: Criticising the country or a particular aspect of it cannot be treated as “sedition” and the charge  of sedition can only be invoked in cases where the intention is to overthrow the government with violence and illegal means, the Law Commission has observed in a consultation paper on the subject.

The commission, headed by Justice (retired) B.S. Chauhan, also noted that in order to study the revision of Section 124 A of the Indian Penal Code (IPC) that deals with sedition, it should be taken into consideration that the UK abolished the sedition laws ten years ago. India’s sedition law was formulated under the British government.

The UK did not want to be quoted as an example of using such “draconian” laws, the commission observed.

The consultation paper also toyed with the idea of redefining sedition in a country like India, the largest democracy in the world, considering that the right to free speech and expression is an essential ingredient of democracy that has been ensured as a fundamental right by the constitution.

“Berating the country or a particular aspect of it, cannot and should not be treated as sedition. If the country is not open to positive criticism, there lies little difference between the pre- and post-independence eras. Right to criticise one’s own history and the right to offend are rights protected under free speech,” the consultation paper said.

The paper argued that merely expressing a thought that is not in consonance with the policy of the government of the day, should not attract the charge of sedition.

Please click here to read more.

TheWire.in, 31 August, 2018, https://thewire.in/law/disagreeing-with-govt-not-sedition-people-have-the-right-to-criticise-law-commission


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