The apex court recently repealed the Section 66A of Information Technology Act, 2000 in this case citing the provision of free speech as enshrined under part 3 of the Indian Constitution.
The major flaw that was observed by the Supreme Court in this case was the vague phrasing of the Section in the legislation. This has led to the misuse of this at various incidents, the most popular one being arrest of two girls for posting about Bal Thackrey on their facebook account at the time of his death.
The flaws also include the discretion granted to the Police under the section. According to the section, the police can arrest anyone committing an offence under this section without a warrant.
While the judgment has been widely appreciated for upholding the fundamental rights of the citizens, it has also been in controversy since it removes the legislation completely. It is necessary to keep a check on what people post on the social networking media in today’s world. Hence, the necessity of the moment is not a complete repulsion but also a better replacement of the legislation, with something that is less vague and more transparent.
Author: Akshay Goel, Hidayatullah National Law University
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