Mere possession of Naxal literature does not make a person a Naxalite, guilty of

sedition, as one who possesses Mahatma Gandhi's autobiography cannot call himself
a Gandhian - - By Supreme Court
While granting bail to civil rights activist Binayak Sen
With the recent unrest in society, Peoples Union of Civil Liberties (PUCL) has
launched a nationwide signature campaign against the Sedition Act, whose provision
is
attack
on
the
democracy.
Fitzerald, J., in the case of Reg v. Alexander Martin Sullivanobserved that Sedition is a
crime against society and comprehensive term, and it embraces all those practices,
whether by word deed or writing, which are calculated to disturb the tranquillity of
the State, and lead ignorant persons to endeavour to subvert the Government and
the laws of the empire. In India, section 124A of Indian Penal Code, 1860 deals with
the sedition which was enacted by Britishers to crush the voice of dissenting
freedom fighters. It is very surprising and shocking that this provision is still very
active in the atmosphere of fundamental freedom like freedom of speech and
expression.
The freedom of expression guaranteed under article 19 (1) (a) of Constitution of
India, include right to express their views and opinion freely. It also covers the right
to criticise government, the requisite of a healthy democracy. In Terminiello v.
Chicago, Justice William O. Douglas had explained the rationale behind the freedom
of
speech
as:
a function of free speech under our system of government is to invite dispute; It
may indeed best serve its high purpose when it induces a condition of unrest,
creates dissatisfaction with conditions as they are, or even stirs people to anger.
However, the liberty of the individual to do as he pleased even in innocent matters
is not absolute but, limited to only grounds listed in article 19(2) of Constitution of
India. International law provides a general three-part test for assessing restriction
on the freedom of expression., Any restriction of the freedom of expression must be
cumulatively as such; it must be provided for by law, have legitimate aims and must
be
necessary
in
a
democratic
society
A sedition law, even if manage to pass the two previous tests unable with third one.
It is because it cannot be in any circumstances necessary in democratic society.
While describing Section 124A Mahatma Gandhi in 1922 said prince among the
political sections of the Indian Penal Code designed to suppress liberty of the
citizen. He further said that Affection cannot be manufactured or regulated by
law. Therefore, this provision of sedition is against the notion of democracy because
the right of freedom should be promoted to the maximum extent possible given its
critical role in democracy and public participation in political life.
*********************************
[1] Mahapatra, Dhananjay & Sharma, Supriya, (Apr 15, 2011), SC grants bail to
Binayak Sen, says no case for sedition charge The Times of India, Nov 11, 2011,
from http://articles.timesofindia.indiatimes.com/2011-04-15/india/29420805_1_scgrants-sessions-court-binayak-sen
#
(1868)
11
CCLC
44
# Divan, Madhavi Goradia; Facets of Media Law, Eastern Book Company, 2006

Edition
reprinted,
with
Supplement,
2010,
pp.7
# 337 U.S. 1 (1949) see at http://supreme.justia.com/us/337/1/case.html
#
Adkins
v
Children
Hospital,
1923
261
US
525
# Article 29
(2)
of
Universal
Declaration
of
Human
Right
# Mendel, Toby, Restricting Freedom of Expression: Standards and Principles,
Centre
for
Law
and
Democracy,
http://www.law-democracy.org/wpcontent/uploads/2010/07/10.03.Paper-on-Restrictions-on-FOE.pdf