There have been claims that India’s liberal democratic values, as stated in the Constitution, are being attacked by the sedition statute. Do you concur? (250 words)
The Indian Constitution, which came to force on 26th January, 1950, is a blend of features of Constitutions from across the globe. Constitutions of U.S.A., Ireland, U.K., Canada, Australia, Germany, erstwhile USSR, France, south Africa and Japan have been combed thoroughly, to compile the best featuRead more
The Indian Constitution, which came to force on 26th January, 1950, is a blend of features of Constitutions from across the globe. Constitutions of U.S.A., Ireland, U.K., Canada, Australia, Germany, erstwhile USSR, France, south Africa and Japan have been combed thoroughly, to compile the best features in the Indian Constitution.
The ideals of equality, justice and pluralism are secured through various Fundamental Rights (Articles 12-35) and Directive principles of state policy (Articles 36-51). Article 14 advocates equality before law, no matter one’s status in any regard. Article 15 describes discrimination on the basis of religion, race, caste, sex, or place of birth as a punishable offence. Article 16 promotes equal footing in matters of public employment. Article 17 prohibits the ancient practice of untouchability as it existed in the country thus, cementing the ideal of equality.
Articles 25-28 grant religious freedom as long as it keeps a legal and peaceful face. No restrictions posed on faith symbolise the pluralistic nature of our constitution.
Article 39, under DPSP, secures equal remuneration for equal work for both, men and women. Article 39-A, which was added through the 42nd Constitutional Amendment, 1976, makes it the state’s responsibility to assure free legal aid so that justice is ensured, to all citizens.
The very purpose of the Indian Constitution being a blend of various constitutions is, to accommodate the diversity within its citizens to facilitate peaceful coexistence.
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Answer: In India, Sedition has been defined in Section 124A of the Indian Penal Code as an offense committed when any person brings/attempts to bring into hatred or contempt, or excites/attempts to excite disaffection towards the government established by law through their words (spoken or written),Read more
Answer: In India, Sedition has been defined in Section 124A of the Indian Penal Code as an offense committed when any person brings/attempts to bring into hatred or contempt, or excites/attempts to excite disaffection towards the government established by law through their words (spoken or written), or signs or by visible representation or otherwise. It is a non-bailable offense and can be punished with an imprisonment up to a life term. The passport of the person charged under the law is seized and the person is barred from government jobs until proven innocent. This law was drafted by Macaulay in 1837 and was inserted in IPC in 1870. Leaders like Bal Gangadhar Tilak and Gandhiji had been tried under sedition. This law has been an object of intense debate since independence. Arguments against the Sedition Law:
Arguments in favour of the Sedition Law:
A democracy requires citizens to actively participate in debates and express their constructive criticisms of government policies. Therefore, the Sedition law should be used only in rare cases. In this context, the Law Commission (2018 report) has rightly recommended that Section 124A should either be repealed or should be invoked only if there is an intention to disrupt public order or overthrow the State with violence and illegal means.
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