Freedom of Speech and Sedition in Post- Colonial Democracies: Lessons from Kenya, Ghana and South Africa for India

Absztrakt

Freedom of speech is a fundamental right in India, but colonial-era sedition laws and anti-terror laws, which challenge the core ethos of an independent democratic nation such as India have become a major challenge for the Indian society and question the existence, value and possible misuse of such laws. Since 2014, cases under the sedition law have increased by 28%, challenging the guarantees of human rights in India. With activists and legal experts questioning the value and misuse potential of such laws in India, the country should look up to the examples set by various post-colonial African states such as Kenya, Ghana and South Africa, which have favoured robust democratic standards and constitutional freedoms over colonial and apartheid-era sedition laws.