HOW SEDITION LAW VIOLATE THE FUNDAMENTAL RIGHT OF CITIZEN


 

-LUMA KANTA BHANDARI

From past few years, number of case filed on sedition law increasing exponentially. According to data published by National crime record bureau, number of such case rose to 160% between the year 2016 to 2019 to 93. But conviction rate is very low i.e 3.3%. These data clearly indicates that sedition law are being used to keep silence the voice of citizen. Government and its institution are directly violating the article 19(1) of the constitution of India. And the intention of government directly reflected.



In India, sedition law was introduced in colonial era by British. But after completion of 73 years of independence era, we are still not independence from sedition law.  Generally sedition law are being used by Autocratic government but misusing of sedition law from past few years are becoming real threat to the Indian Democracy.

Sedition law is serious threat to the functioning of the difference agencies of the country, to express thought against government by individual citizen and to the freedom of press. Sedition law are being use to muzzle media freedom. A lot of FIR are being registered just because of some post on social media. Journalist are being targeted by government agencies. It somehow seems that government want to control the press and speech by citizen of country. We have to understand that freedom of express and sedition cannot be exercise parallally.

From fake FIR to illegal detention, wrongful arrest and low rate of conviction rate, there activity are the against of the essence and spirit of constitution. People are kept in jail for long period of time without fair trial. After few years when trial complete, person found innocent. Then who will be the responsible for his precious time? What will happen with his family? Who will be responsible for his mental and physical stress? Government need to be answered.

 

In our country, our constitution guarantied the right to question to the government and freedom of speech under article 19(1). But the way this government targeting the people who question them are something which need to be think by people. These kind of activities directly violating the right of citizen to ask question. It violates from the preamble to article 19(1a)) of constitution. So this is unconstitutional law. These kind of law should be used only when there is minacious threat to the sovereignty and integrity of country.

The consequence of misusing of this law and people of wrongful arrested is uncalculable. There should be system of compensation for those who are wrongfully arrested and acquitted later. And government have to give adequate explanation to the citizen of the country that why India still needed this colonial law.

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