By Anjali Rawat, Dr. Ram Manohar Lohiya National University (RMLNLU), Lucknow.
Lord Macaulay while framing the rough draft for Indian Penal Code, 1860 added a provision to give effect to sedition but due to some unaccountable reasons when it was enforced in 1860 this particular provision was not included in the Code. In 1870 the British colonial government felt the need to include this provision and prominent freedom fighters such as Bal Gangadhar Tilak and Mahatma Gandhi were arrested under it. Mahatma Gandhi even went to a length to call the law of sedition as the prince among the political sections of the Indian Penal Code, 1860 designed to suppress the liberty of the citizen. But even with this great criticism the provision regarding sedition i.e. Section 124A of IPC, 1860, stands erected and is constitutionally valid which is quite surprising as in the colonial time the British wanted to suppress Indians from revolting but now after six decades of independence, India is a democratic country and the existence of such provision is incongruous with its democracy. (more…)