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Dissent & Democracy: Why the Sentinel Should Strike Down IPC Sec. 124A

Sedition laws sit at the crossroads of politics and society, and law and justice. The political nature of this “offence against the state” tests the limits of free speech a citizen can rightfully enjoy. India’s polity has changed since 1870, when Sedition was added as an offence under Section 124A of the Indian Penal Code (IPC) to govern restive subjects of the British Crown. This stifling legislation, conceived as a colonial tool to incarcerate freedom fighters, continues to be quickly invoked by free India’s elected rulers against dissenting citizens, deeply damaging the country’s democratic fabric.<br/><br/> This law which chips away at the essence of republican democracy – the right to dissent – has a chequered journey in independent India starting from 1950, when courts upheld free speech. However, the First Amendment to the Constitution put a damper on such liberal judicial interventions. Since then, although judgments urged governments to exercise restr ....

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Former Union minister Arun Shourie moves Supreme Court against sedition law


Veteran journalist and former Union minister Arun Shourie on Thursday petitioned the Supreme Court challenging the sedition law’s constitutionality and relevance in modern-day India, joining a growing clamour against the colonial-era legislation.
In a joint petition with NGO Common Cause, filed through advocate Prashant Bhushan, Shourie complained that Section 124A of the Indian Penal Code was increasingly being abused against citizens who disagree with those in power.
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The petition argued that despite the Supreme Court’s 1962 Kedar Nath Singh judgment having upheld the provision’s constitutional validity, several subsequent apex court verdicts by larger benches had upheld the freedom of speech and expression. ....

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