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The Consultation Paper issued by the Law Commission of India stated that merely expressing a thought that is not in consonance with the Government, a person should not be charged with sedition. Sedition is punishable under article 124 A of the Indian Penal code. The paper also asks for public suggestions before the commission takes a final call on the issue. The Supreme Court bench headed by retired Justice Dr. B.S. Chauhan noted that in a large number of cases the Judiciary has expressed active scepticism about the misuse of sedition law. Sedition is the country has been loosely used to mean dissent or any alternate philosophy that goes against the ruling party. The bench held that people are at liberty to show their love for the country and in doing so they can engage in constructive criticisms and debates. Such expression of thoughts and actions may be unpleasant to some but at the same time does not render the actions to be seditious.
Calling the country unsafe for women, the people racist and pointing out their obsession for fairness creams or making a cartoon of the ongoing state of affairs in the parliament does not amount to sedition. Section 124 A lays down that sedition can be construed only when an act is against the public order or the idea is to overthrow the government with violence. In order to study the region of 124 A there are issues that must be considered.
The paper suggested that if no room is left for constructive criticism there would be no difference between pre and post independent India.
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