-The Hindu The Supreme Court last week ruled as unconstitutional the mandatory imposition of the death penalty under the Arms Act in view of the absence of judicial review. The verdict is a reiteration of current jurisprudence that for criminal offences, life imprisonment is the rule and death sentence the exception. The impugned section 27 (3) of the Arms Act stipulates capital punishment for offences that may result in the loss...

In the case against Google and Facebook for posting “objectionable content” on their websites, petitioner journalist Vinay Rai’s counsel H Hariharan argued in the Delhi High Court (HC) on Thursday that Google could not cite the country’s information technology laws and seek exemption from censoring content since it modified the content on its website to “generate business”. Hariharan argued that Google India could not get exemption under Section 79 of the...

Can Information Technology Act deal with the dynamics of the Net? THIS is one series of court cases the nation is following keenly. Within one week, in December last year, a criminal and a civil complaint were filed against 20-odd online giants like Google, Facebook, Microsoft and Yahoo for hosting anti-religious and anti-social content on their websites. While the judge hearing the civil case ordered immediate removal and blockade of all...

Rights organisations today launched a campaign to collect a million signatures against draconian sedition laws, the kickoff coming on the death anniversary of Mahatma Gandhi, who was among those jailed under such acts. The focus of the drive 65 years after Independence is on repealing Section 124A of the Indian Penal Code — which outlaws disaffection against the state and makes it punishable with life imprisonment. Retired judge Rajinder Sachar, among those...

Here is a fundamental question to friends and supporters of Salman Rushdie: Is the right to speech and expression absolute, without any restrictions, in any democratic society? The right to freedom of expression is recognised as a human right under Article 19 of the Universal Declaration of Human Rights. Article 19 goes on to say that the exercise of this right carries “special duties and responsibilities” and may “therefore be...