Sedition and Freedom of Speech, Journey from Cognizance to Framing of Charges | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• Freedom of speech is a cornerstone of democratic societies, crucial for the smooth functioning of the democratic process.
• It is often referred to as a fundamental human right, allowing for the free exchange of ideas, dissemination of information, and debates on matters of public interest.
• In the case of Maneka Gandhi v. Union of India, the significance of freedom of speech and expression was underscored, emphasizing its pivotal role in ensuring citizens' participation in the democratic process.
• The First Amendment to the US Constitution guarantees freedom of speech, aiming to maintain an open marketplace of ideas where truth can prevail without monopolization.

The Constitution of India: Article 19(1)(a)

• Freedom of Speech and Expression: Article 19(1)(a) of the Indian Constitution guarantees all citizens the right to freely express their opinions through various mediums such as speech, writing, printing, and more. This includes the freedom to communicate and publish opinions.
• Scope of Freedom: The right to freedom of speech and expression encompasses artistic expressions like painting, singing, dancing, and writing poetry. These activities are protected under Article 19(1)(a) due to their common foundation in freedom of speech and expression.
• Link with Preamble: It is crucial to read the phrase "Freedom of speech and expression" in conjunction with the liberties outlined in the Preamble, such as liberty of thought, expression, belief, faith, and worship. Courts have a duty to uphold these constitutional values progressively.
• Personal Appearance and Expression: Article 19(1)(a) also covers the right to choose one's personal appearance and attire, subject to certain limitations. For instance, individuals from the LGBTQ community have the right to express their self-identified gender through their clothing, behavior, and mannerisms.
• Freedom of Press: The freedom of speech and expression extended to the press and media is not for the benefit of these entities but for the general public. It ensures that citizens are well-informed and that the government fulfills its duty to educate the populace. The press plays a crucial role in upholding democracy and is often referred to as the fourth estate.
• Balance with Social Order: While fundamental rights like freedom of speech are vital in a democratic society, it is equally important to maintain social harmony and order. Some restrictions on the exercise of this freedom may be necessary to ensure the well-being of society as a whole.

No Freedom Is Completely Absolute Or Unrestricted: Public Order

• The concept of public order, as outlined in Article 19(2), involves the imposition of 'reasonable restrictions' on the freedom of speech and expression in the interest of various factors such as state security, friendly relations with foreign states, public order, decency, morality, sovereignty, and integrity of India.
• Public order encompasses a broader scope compared to the security of the state, including aspects like public peace, safety, and tranquility.

Section 124A: Sedition

• Sedition, defined under Section 124A of the Indian Penal Code (IPC), is categorized as an offense against the state.
• Sedition is described as actions through words, deeds, or in writing that aim to disrupt the state's tranquility, provoke insurrection, and undermine the government and laws, potentially inciting people to rebel.
• The law aims to penalize acts that incite disorder or disturb public peace through violence, while allowing criticism of government actions within reasonable limits to align with the freedom of speech and expression.
• Section 124A strikes a balance between fundamental rights and public order by preventing activities that lead to public disorder or disturbance of law and order.

Understanding the Mechanisms of Sedition Law

Legal Context

• Offenses Against the State: Sedition law primarily deals with offenses directed against the state or nation, including conspiracies of a serious nature.
• Sanction Requirement: According to Section 196 of the Code of Criminal Procedure, 1973, prior sanction from the central government, state government, or district magistrate is mandatory before any court can proceed with the case.

Significance of Sanction

• Protection Measure: The sanction serves as a shield against frivolous prosecution and safeguards government officials from baseless legal actions.
• Preventing Misuse: It acts as a deterrent against unjustified prosecutions and ensures a thorough evaluation of the case facts before proceeding.

Role of Authorities

• Prudent Decision-making: Authorities must carefully review all details and evidence presented by the prosecution to make an informed decision on granting sanction.
• Ensuring Justice: By demanding exhaustive information, the authority minimizes the risk of errors that could lead to miscarriages of justice.

Conclusion

• The law of sedition outlined in Section 124A is clear in its purpose and interpretation, and a reasonable individual would perceive it not as a hindrance to freedom of speech and expression but rather as a legal tool to monitor anti-state activities. Judicial interpretations have affirmed that individuals can criticize government policies and actions and advocate for reforms, provided they refrain from inciting violence, rebellion, hatred, or contempt against the established state authority.
• However, an examination of the Supreme Court's judgment in Kedar Nath reveals certain deficiencies in the contemporary understanding of the law. There has been a shift in how we perceive "state security" as a justification for restricting freedom of expression and speech.
• Moreover, changes in government dynamics and the decreased susceptibility of ordinary citizens to incitement to violence through inflammatory speech have diminished. Even the maintenance of "public order" cannot be invoked as justification for such laws, as it primarily addresses local law and order issues rather than threats to the foundational integrity of the State itself.