Kerala withdraws amendment to Police Act after backlash

With local body elections hardly three weeks away, the party was quite concerned that the criticisms against the ordinance would affect the party in the elections

In wake of the mounting criticisms, the Left Democratic Front (LDF) government in Kerala has decided not to implement the controversial amendment in Kerala Police Act that warranted up to three years jail term and a fine up to Rs 10,000 to those defaming or threatening individuals through 'any mode of communication'.

Chief Minister Pinarayi Vijayan said in a statement that in view of concerns raised even by those supporting the left-front, as well as from those who stand for protecting democracy, the government did not intend to implement the fresh amendment in Kerala Police Act. Further steps would be taken after discussing the matter in the state assembly and considering opinions of all sections of the society, he added.

Also read — Kerala law to curb 'insulting through media' triggers row

The Kerala government introduced the amendment through an ordinance the other day. As per the ordinance, a new section, 118-A, was inserted in the Kerala Police Act. It provided for up to three-year imprisonment or fine up to Rs 10,000, or both, for expressing, publishing or disseminating through any mode of communication any matter threatening, abusing, humiliating or defaming a person or class of person or any other person in whom they have an interest, knowing it to be false, and thereby causing injury to the mind, reputation or property.

Even as the state government's justification for bringing in the amendment was rampant complaints of misuse of social media for defaming others, the ordinance was made applicable to 'any mode of communication' and hence it also triggered allegations of attempts to gag the media, apart from curbing freedom of expression.

After the ordinance triggered widespread criticisms, the CPM national leadership said in a tweet on Sunday night that the LDF government in Kerala would certainly consider all creative opinions and suggestions that were being aired with regard to this amendment.

According to sources, the state committee leader of the party in Kerala met on Monday morning and decided to swiftly shelve the ordinance. Local body elections in Kerala is hardly three weeks away and hence the party was also quite concerned that the criticisms against the ordinance would affect the party in the elections.

The Supreme Court had earlier scrapped section 66-A of IT Act and section 118-D of Kerala Police Act which dealt with publishing of objectionable contents of social media. The CPM had then welcomed the decision. Hence the fresh ordinance by the CPM government also raised allegations of double standards.