Section 66 A of the Information Technology Act was struck down last week by the Supreme Court and it was hailed as a landmark verdict. There were several aspects of Section 66A which ran contrary to the Indian Constitution dealing with freedom of speech and expression and there is no doubt that the section could not continue as it was. <\/p>\n
However has the Supreme Court thrown the baby out with the bath water? As important as it was to deal with Section 66A, the same could have still been watered down instead of being struck down all together. <\/p>\n
Pavan Duggal, an expert on cyber laws speaks with OneIndia about the unintended consequences of the verdict. While it was necessary to deal firmly with the verdict, I still feel it could have been watered down by the Supreme Court instead of throwing it out all together especially in this age of the internet where cyber crime and cyber bullying are so rampant. <\/p>\n
Firstly can you share your thoughts on the verdict? <\/p>\n
I think first and foremost the Supreme Court has supreme powers to strike down any law or legislation. If the Supreme Court is of the opinion that a law or legislation runs contrary to the Constitution, it can strike it down. <\/p>\n
The Supreme Court held that Section 66A is contrary to Article 19(2) of the Indian constitution which deals with reasonable restrictions on freedom of speech and expression. <\/p>\n
To that extent SC has taken a correct line. No amount of restriction which is beyond and above Article 19(2) can be imposed. In this case the judgment looked at what are the reasonable restrictions and came to the opinion that since restrictions do not envisage the restrictions under Section 66a it has to go. <\/p>\n
What are the unintended consequences that could arise from this verdict? <\/p>\n
The fact remains that striking down Section 66A we have now begun to see a lot consequences. The euphoria which this verdict created was justified to an extent since it held that freedom of speech is sacrosanct. <\/p>\n
However it has given an impression to the people that there is an unlimited charter to do whatever they want to do. These persons are having a field day. Cyber bullies are having a field day. Cyber bullying is victimizing schools and educational system. <\/p>\n
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Striking down Sec 66A: Unintended consequences as baby thrown out with bath water<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Section 66 A of the Information Technology Act was struck down last week by the Supreme Court and it was hailed as a landmark verdict. There were several aspects of Section 66A which ran contrary to the Indian Constitution dealing with freedom of speech and expression and there is no doubt that the section could not continue as it was. Continue reading