The British reigned this nation for over the period of 200 years.
During this, they
endeavored to nurture the seed of westernization in India by extinguishing the intensely rooted cultures and norms. And when, by freedom struggle when we conquered our swarajya, they had done more wrong than good. Not only in the culture of the society but also in its governance through their draconic laws. The prince amongst those laws is Sedition law. Sedition was introduced in order to curb any voices against the government of British India. Though they have scratched it from their system, We, Indians are still preserving the exquisite farewell gift. Sedition law works two ways. Firstly, in order to curtail the feelings of disaffection and secondly to curb the actual action of disaffection against the government established by law. In order to comprehend Sedition to its deepest we need to understand the characteristics of it. Disaffection is the antithesis of affection. Now, one can argue that the absence of feeling of affection is disaffection. Wrong, for disaffection there has to be a negative feeling towards the government. Mere absence of positive feelings is not disaffection. And these negative feelings should be of nature that it portrays an imminent and serious threat on the security of government established by law. In other words, ideally, to attract the prince provision, that negative feeling (mens rea) should be followed by potential consequences (actus reas). The beauty of the Criminal Law is that for a crime to be made out there has to be a mishmash of both mens rea and actus rea. Without any one of the components it would rather be a fantasy and nothing more. More importantly, this threat has to be posed upon a government which attains its recognition by the authority of law. Government is just a means to accomplish the purposes of law which are to maintain peace in the society and to promote welfare of public at large. Law as argued, has to be just, fair and reasonable. So, the Government has to be just, fair and reasonable and should strive to do welfare to the mass while holding peace in the society. Any government which is unable to establish the same can be a Government but not a Government established by law and such government has no place in the democratic setup. And people have to the right to terminate it by legitimate and peaceful measures without resorting towards violence.