Freedom of speech

FREEDOM OF SPEECH

V.

Sedition

GAUTAM BUDDHA

François-Marie Arouet  VOLTAIRE

charles bradlaugh

abraham lincoln

albert einstein

george washington

rabindranath tagore

Subhash chandra bose

bhagat singh

mahatma gandhi

Sarojini naidu

Indian Constitution

ARTICLE 19 Protection of certain rights regarding

freedom of speech, etc. All citizen shall have the right

19 (1)(a) – to freedom of speech and expression

VOLTAIRE

Tilak

BILL OF RIGHTS

Alien and Sedition act 1789

Indian Sedition laws

The Indian Penal Code

Section 124A: Sedition – Whoever, by word, either spoken or written, or signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excite or attempts to excite disaffection towards, the Govt. established by law in (India) shell be punished with imprisonment for life, to which fine may be added, or with fine.

The Code of Criminal Procedure CrPc : 1973 Contains Section 95 which gives the

govt. that right to forfeit material punishable under Section 102A.

Unlawful Activities (Prevention) Act 1967

For claims of secession, questioning territorial integrity and causing disaffection against India.

Prevention of Seditious Meetings Act, 1911

Criminalize meetings likely to promote sedition or disaffection. Continues to be on our statues books.

CASES OF SEDITION

1891- 2013

2016

State wise cases

What the SC of India said: Kedar Nath Singh vs. State of Bihar

1962 The Supreme court held that “a

citizen has a right to say or write whatever he like about the govt. or measures, by way of criticism or comment, so long as he does not incite people to violence.’’

P.ALAVI Vs. State of Kerala 1982 Where the court held that

sloganeering, criticsing of Parliament or the judicial set- up did not amount to sedition.

Balwant Singh and anr vs. state of Punjab 1995 Raising some slogan a couple of

times….which neither evoked any response nor any reaction from the public attract such punishment.

Common Cause v. Union of India 2016 Direction to authorities to follow

Kedar Nath Singh judgment.

Thank you

ASHISH PANDAY LL.B