SC comes to rescue of freedom

The Supreme Court order striking down Section 66A of the Information Technology (IT) Act, 2000, as unconstitutional and against the freedom of speech marks a definitive point in India’s journey as a mature democracy.Section 66A, which dangled like a Damocles’ sword over the heads of citizens, has been wiped off the statute books in one stroke, thanks to the far-reaching vision of the apex court.

This draconian section which was being routinely misused by various governments resulted in several people being jailed for innocuous postings and statements over the Internet and social media, in particular. The victims included cartoonist Aseem Trivedi for mocking Parliament, businessman Ravi Srinivasan for a post against ex-minister P Chidambaram’s son Karthi, Mumbaikars Renu Srinivasan and Shaheen Dada for criticising a bandh after Bal Thackeray’s death and Jadavpur University professor Ambikesh Mahapatra for lampooning Bengal Chief Minister Mamata Banerjee. The reason for their arrests was that the posts ostensibly offended certain individuals or sections of people. The manner of arrests smacked of an authoritarian trend and the dilution of democratic practices that Indian civil society has zealously guarded over the years. Section 66A was so skewed in the way it was framed that the police had never had it so easy to knock on an individual’s door, arrest the person and shove them into jail.

Though purportedly at variance in ideology and purpose, political rivals like the BJP and the Congress were on the same page when it came to defending something as obnoxious as Section 66A. The Congress-led UPA coalition amended the IT Act to incorporate Section 66A while the BJP-led NDA coalition backed it to the hilt as was seen during the hearing on the issue in the apex court. This brings us to the worrying trend where the state on several occasions has not hesitated to promulgate a law or clamp down on specific issues even if it meant going against the democratic spirit.The instances of bans on films, books and civil activity are on the rise and these spell danger to free speech and freedom of expression. The Supreme Court order has come at the right time and will hopefully send a signal to the government that it cannot wilfully shackle the fundamental rights of people.As for civil society, it should remain alert and challenge any move by the state that smacks of authoritarianism, irrespective of the government in power. Fortunately for the common citizen, the top court in India has shown time and again that it is uncompromising when it comes to issues of fundamental rights and the spirit of the Constitution.