International Journal of Applied Research
Vol. 3, Issue 4, Part K (2017)
Law of Sedition in India before and after Independence
British government introduced Law of Sedition in 1870 by making an amendment in Indian penal code 1860. British colonial government introduced sec, 124A in 1870 to suppress Wahabi Movement led by Syed Ahmed Barelvi. The term “disaffection” includes disloyalty and all feeling of enmity. The first case under this section was registered, in 1891, when the editor of a newspaper called bangobasi was booked for criticizing an “age of consent bill” after issued an apology charges against him were dropped. Tilak and many other national leaders were prosecuted under this section on the basis of Strachey’s interpretation. Mohan das Karam Chand Ghandi was brought to court for his articles in young India magazine. After independence in Kedar Nath case, a constitutional bench of supreme court examined the question how far the offence as defined in section 124A of IPC is consistent with the fundamental right guaranteed by article 19(1)(a). Aseem Trivedi a cartoonist was an sent to jail for his cartoon Titeled as ’gang rape of mother India’ and a cartoon shows India’s nation emblem, the Ashoka lions, with foxes rather the lions. In the inscription on the emblem, the words ‘Satyameva Jayate’ are replaced with Brashtamev Jayate and danger sign. In this case Bombay high court held that a citizen has a right to say or write anything critical about the government, or its measures as long as it does not incite violence or intended to disrupt public peace.
How to cite this article:
Gulshan. Law of Sedition in India before and after Independence. International Journal of Applied Research. 2017; 3(4): 761-762.