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LATEST NEWS UPDATES | Data on Arrests Under Section 66A Reveals Police Are Ignorant About Judicial Pronouncements -Jayshree Bajoria

Data on Arrests Under Section 66A Reveals Police Are Ignorant About Judicial Pronouncements -Jayshree Bajoria

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published Published on Sep 10, 2016   modified Modified on Sep 10, 2016
-TheWire.in

Police across the country continue to use the law to book people for making offensive comments on social media, blissfully unaware of its deletion from the IT Act.

Last November, police in Sheopur, Madhya Pradesh arrested 25-year-old Sattar Khan for allegedly making offensive remarks about the RSS chief on social media. Reacting to pressure from angry protestors, the police filed a criminal case against Khan. But months later, the police were in a fix. “We don’t know how to proceed because we came to know later that the Section 66A was struck down by the SC [Supreme Court],” a police officer told the Indian Express.

The police officer’s dilemma shows the huge gap between judicial pronouncements by courts and their implementation on the ground.

In March 2015, months before Khan’s arrest under section 66A of the Information Technology Act, the Supreme Court struck down the provision, ruling it unconstitutional and void.

Section 66A was a broadly worded provision for regulating anyone using a computer or other electronic communication device. It prohibited content that was “grossly offensive,” had “menacing character,” or caused “annoyance” or “inconvenience” and provided for up to three years of imprisonment for those convicted under the act.

Before the Supreme Court overturned the law, it was mostly used to arrest peaceful critics of politicians or state policies – including two students complaining about a political strike on social media.

Many in India and around the world welcomed the decision as a big win for freedom of expression online.

Please click here to read more.

TheWire.in, 9 September, 2016, http://thewire.in/65036/supreme-court-rulings-only-mean-something-if-the-police-enforce-them/


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