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Contents
Relevance: Laws that are declared unconstitutional by the judiciary, are still in use. Policy measures are required to ensure the proper implementation of orders.
Synopsis:
The Supreme Court’s criticism and the Centre’s note underline the letter of Section 66A of the Information Technology (IT) Act. Now the challenge is to implement it in spirit.
Background:
Read more – Disable unconstitutional sections
About Section 66A:
- It was introduced as an amendment to the Information Technology Act in 2008.
- It gave the government power to arrest and imprison an individual for allegedly “offensive and menacing” online posts.
Why was it struck down?
- The SC in the Shreya Singhal Case deduced that Section 66A was arbitrarily, excessively, and disproportionately invades the right of free speech.
- It was drafted so widely that virtually any opinion on any subject would be covered by it. Thus, upholding its validity would create a chilling effect on free speech in the country.
Reasons behind continued persecutions under Section 66A:
- The gap between the court’s judgment and the pile of Section 66A cases is, perhaps, explained by a political climate. Free speech, dissent, and legitimate criticism are being seen in bad faith.
- Further, the existing laws are wielded as weapons to arrest journalists and citizens for a tweet or a slogan, or a Facebook post.
Suggestions:
- Early this month, the Supreme Court bench hearing the plea was moved to seek a response from the Centre on what it called a “shocking state of affairs”.
- The Centre has written to state governments, asking them to pass on the memo to the police force and withdraw all cases under Section 66A.
- The Centre’s note to the states is a positive step, but regular monitoring is the only way to ensure that the law is implemented in letter and spirit.
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