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Source: The post Critique Isn’t Crime has been created, based on the article “Critique Isn’t Crime: Cops get another lesson on basics of democracy from SC” published in “Times of India” on 9th March 2024.
UPSC Syllabus Topic: GS Paper 2 – Indian Polity – Basic Structure
News: The article discusses how the Indian Supreme Court overturned a case where someone was charged for expressing dissenting views on WhatsApp.
Background
In Maharashtra, a person faced legal charges for calling the removal of Article 370 a “black day” in a WhatsApp group. They also wished Pakistan on its Independence Day. It led to an FIR and Bombay HC dismissed a writ petition filed by the accused.
What did the Supreme Court say?
The Supreme Court of India quashed an FIR against a person for expressing dissenting views on WhatsApp.
It stated that criticizing government policies, like the abrogation of Article 370, is part of democratic dissent.
The Court emphasized that such dissent is not grounds for accusations of creating enmity or disharmony.
It highlighted the constitutional guarantee of freedom of speech, pointing out the problem with unreasonable restrictions and arbitrary arrests in India.
The Court criticized the police, suggesting they need education on free speech rights, and that judgment standards should be based on reasonable minds, not those easily offended.
Question for practice:
Examine the rationale behind the Indian Supreme Court’s decision to quash the FIR against the individual for expressing dissenting views on WhatsApp, particularly in relation to the criticism of government policies
