[IAC#RG] Fwd: Statement from MASUM on Supreme Court Judgment scrapping section 66 A of the Information Technology Act

Freedom guaranteed but who will implement?

 

The Supreme Court's recent judgment for scrapping of Section 66 A of the Information Technology Act for being "unconstitutional in entirety" is indeed a joyous moment for the democracy and set ethos for right or freedom to express and opine. Banglar Manabadhikar Suraksha Mancha welcomes this historic verdict from the apex court. The said section of the Act in fact, invades citizenry's right of free speech "arbitrarily, excessively and disproportionately", since apex court rightly pointed.

However, for the human rights and civil liberty organizations of this country have suspicion and qualms about the real implementation of the judgment; as the country has many judicial protections for marginalized, victims of state apathies and atrocities by the active arms of the state machinery; grossly not implemented and followed; though according to the Article 141 of Indian Constitution; the verdicts of apex court is rule of the land. The police of this country abundantly violate the guidelines and directives given by the apex court over the issues of arrest, detention, physical torture, maltreatments and so on and enjoying fullest impunity; (D K Basu – on arrest, Premshankar Shukla – on handcuffing, Sheela Barse – prisoners' rights, PUCL Rajasthan – right to food; the list is unending) not even the judicial institutions questioning blatant and unbridled flouting of legalities by the police / administration and other components of criminal justice administration.

It is in this context that the current scrapping of Section 66 A is welcome, in principle, but will not change much on the ground. It would be cosmetic at best; the real change will take place when the democratic institutions can confirm the citizenry that the legalities will be followed and obeyed by the criminal justice administration in letter and spirit. 

--

Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
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Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in