There can be only one response to the patently illegal action of Maharashtra police in arresting two young women for exercising their constitutional right to free speech and expression on Facebook: the officers and personnel involved must be made an example of. They should face the full force of the law, leading to the maximum penalty for wrongful arrest, illegal restraint and confinement. Only then will the message go out that trampling on constitutional freedoms will invite severe consequences. Their illegal act was made worse by the craven manner in which the police kowtowed to a violent lumpen group in Palgarh, Thane, which found the Facebook comment by one of the women on the Mumbai shutdown following Bal Thackeray’s death, and its endorsement by her friend, objectionable. What stands out in this episode, and similar ones earlier, is the readiness of the police to make arbitrary arrests and cloak their censorial actions using a combination of Indian Penal Code sections that have no place in a free country, and the infamous Section 66A of the Information Technology Act which deals with offensive messages. It mattered little to them when using Section 505(2) of the IPC on promotion of hatred, ill-will or enmity, that their case grossly fails the test of mens rea, or intent. After all, what can be illegal about expressing an opinion about so public an event as the complete shutdown of the country’s financial capital?
The rise of community websites as networks of hope for the average citizen is obviously discomfiting many in authority. The capacity of the medium to name, shame and embarrass far exceeds the ability of the high and mighty to control it. Their response has been to use the police to settle scores with some, and thus send out the message to the majority. Brazen misuse of the power to arrest continues, because there is no significant penal outcome. There are clear Supreme Court guidelines on making an arrest, which have been blatantly violated in the case of the ‘Facebook women’ and many others before them. As the court pointed out in Joginder Kumar vs State Of U.P., an arrest cannot be made simply because it is legal; the police officer must be able to justify the act. The Palgarh police stand naked in the eyes of law on this count. They have no justification for what they did and are prima facie contemnors. As a nation, India must worry about the rapidly shrinking space for freedom of speech and expression, and act resolutely now. Section 66A of the IT Act which nullifies constitutional free speech guarantees must go. Equally, Maharashtra must be compelled to restrain the Shiv Sena’s proclivity for violence towards people with a counter view.
Keywords: Bal Thackeray, Facebook post, Shiv Sena, Shaheen Dhada, Renu Srinivasan, Information Technology Act, social media
The primary culprit in this whole issue is the Section 66A of IT Act which gives policemen such a free hand in handling citizens for freely expressing their views about the political clan in India. Its rightfully said by the SC that the policemen should justify their act when they arrest someone.
Moreover, the Maharashtra government should take cognizance of the matter and deal with it strongly to give an example to the people of this country how a responsible government which they, the people, select stands by them at such an event of arbitrary confinement of one of them.
Websites like Facebook, Twitter etc. empower people to bring forth their feelings at such an adverse event. And, if they are not allowed to do even that then we can ask a question to our leaders..
Where is democracy in this democratic republic?
An excellent editorial!!. Hope the spirit to secure justice will not die out until justice is being done on this grave mistake.
Why this outrage against the police in this case, asking that they be made an example of? the Hindu should understand that the police follow the orders from their masters, the Home Minister and the Chief Minister of Maharashtra state in this case. If anyone should face the music, it is the Maha CM and HM. And the police should be freed from the clutches of the politicians by regulating their appointments, promotions, transfers, punishments etc through an independent panel.
While it may be true that the services of the Police officers responsible for the arrest must be immediately terminated, i would like to look at the larger picture. It is the unconstitutional IT Act that is blame for the recent persecution of free speech in India. How the media could allow such an act to pass parliament without informing the public of the state's downright illegal moves is beyond me.
Be that as it may, it is now time to organize, demonstrate, challenge the law in the courts or do whatever that needs to be done to pressurize the government to amend the IT Act.
In fact the arrest of Shaheen Dhada and Renu Srinivasan at Palghar in
Thane district is nothing but the extravaganza of the law which
erroneously stirs up people against our above-board provisions that
are purportedly meant for ensuring harmony in our society.
It is very encouraging to see that the Union IT Minister Milind Deora,
who hails from Maharashtra, has come forwards against the misuse of
draconian IPC sections or IT Act. The fortitude of the eminent lawyer
Abha Singh is appreciable as she could obligingly file a complaint
before Maharashtra State Commission for Women alleging human rights
violation in the arrest of the two girls. Chief Minister Prithviraj
Chavan should never waste time to undo injustice which will to some
extent recoup his worth in the home state.
Thought police they are, indeed! Is it time to re-read George Orwell's
1984?
When high and mighty of the Government at the centre like Kapil Sibal,Salman Khurshid ,Chidambaram openly advocate censorship of cyberspace can you really blame Maharashtra Police for their highhandedness?
Any effort by the govt to stifle criticism is doomed to failure. That too in a country like india which has tasted democracy for more than six decades.What is more important to note is that it will backfire on those who indulge in controlling such channels through which average citizen gives vent to his feelings. Beware of Egypt where recent uprising started with facebook only. India has far more educated persons than india. Internet spread is more intense in our country.
I fully concur with and support your views on the issue; those police personnels should be sternly dealt with including dismissal and criminal proceedings and should be made a example to all others who are supposedly protect public/common man.
What about the magistrates and judges who allow these cases to go forward rather than quashing them immediately? The Hindu seems reluctant to talk about this - just showing how much censorship and intimidation there actually is. Also, the focus seems to be on how innocuous the comments made by the girl in this instance. Section 505(2) shouldn't apply even if the comments were more direct about Thackeray or Shiv Sena. Otherwise, any expression of opinion can be muzzled under the guise of "promoting ill will". What is ironic is that those who expressly make comments that promotes ill will - such as the anti-Bihari comments of Sena leadership - are never taken to task. The bottom line is there is no rule of law in India, and this is seen every single day.
An excellent editorial. I agree with you entirely. Shiv Sena has used the regional sentiments amongst Marathi people to create personality cult and dynastic rule within the party. Vandalism (Rada culture in Marathi) is often used to intimidate others. This is not acceptable. Hope Uddhav Thakare acts against his partymen who ransacked a clinic in Palghar. The police action against two young ladies was totally uncalled for. I wonder if the concerned Police Officer has any knowledge of the law. The concerned local court could have also dismissed the case on the spot instead of granting bail. Shiv Sena's base in Maharashtra is gradually shrinking. No. of Assembly seats have gone down from 73 in 1995 to mere 45 in 2009. Currently, the leader of opposition in Maha Assembly is from BJP and not from Shiv Sena. Shiv Sena cannot hope to regain power in Maharashtra by resorting to violence.
One wonders whether the police acted on their own or were they acting on the orders of any higher ups, including politicians. If so, that person or persons must also be severely punished. Also, those who vandalised the clinic must be punished. They must be made to pay the costs of damage as a penal amount as penalty besides serving jail time..
A forthright commentary on the state of freedom of expression. The police and the
administration need to be disciplined on their misconduct on the most innocuous of the
comments by the women skirting the political landmine of fascist mindset displayed by those
who indulged in vandalism.
Rowdy elements are present in every society, Maharashtra is no exception. In civilised societies law breakers are put awaay by the police. But what is happeing here? Some famous politicians employ the outlaws to be their goondas and chelas to intimidate the public. The duty of the police is to protect citizenry from outlaws. The police are to be on the side of those who choose to exercise thier free speech fearlessly. Instead the police is operating alongside the thugs in their acts of intimidation. The police must be punished to the fullest extent of the law for (1) not protecting the citizens and (2) for not apprehending the miscreants. Justice Khatju is so right.
The Absurd and Offensive nature of of the police action in this case is extreme and hence obvious in this case> However the underlying section of the IPCode itself is of dubious validity and a blot on a free society. The perpetrators of the injustice should be made to pay in full to the extent of law. More importantly, the two victims of the police action should be compensated.
Hindu, kudos for the courage to express a clear opinion.
I respect Balasaheb as a politician extraordinare, but there's no
denying his organization often indulged in disruption and destruction
tactics. How ironical they complain to Maharashtra Police, which
swings into action faster than you could say "Sena" to arrest 2 young
women? Police action is illegal and I hope the NGO's ensure the
officials who gave this order are punished severely for abuse of
authority.
Politicians and bureaucrats of all hues are blurring together like in
the "Animal Farm". They have no faith in either the constitution or
the basic tenets of a civilized society.
Every once in a while, The Hindu reminds its readers what a pleasure it
is to subscribe to this paper despite the many lapses otherwise. This is
one such while.
really very good article. i am also worried about this
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