Overbroad, overboard: On Kerala’s law to curb abusive content
Kerala has sought to make amends by keeping in abeyance its obnoxious proposal to abridge free speech by conferring unbridled powers on the police to arrest any one expressing or disseminating any matter deemed threatening, abusive, humiliating or defamatory to a person or a class of persons in any manner. But Chief Minister Pinarayi Vijayan should take heed of criticism and drop the measure altogether. It is worrying that such a draconian and ill-conceived ordinance was even promulgated. It is incredible that a State government crafted a law with elements declared unconstitutional by the Supreme Court, ignoring a major apex court verdict on the law of defamation, and which is repugnant to the provisions of the IPC, a central law, in two ways, besides going against one provision in the Cr.P.C.
His defence that the amendment only targeted defamatory social media posts and would not curb reportage, political satire or expression of opinion is quite hollow, when seen in the light of the absence of any such narrow definition of the offence introduced by Section 118A in the Kerala Police Act. In Shreya Singhal vs. Union of India (2015), the top court struck down Section 66A of the IT Act. The section had criminalised the sending of any message through a computer resource that was grossly offensive, menacing, or caused annoyance, inconvenience, danger, insult, injury and intimidation. The Court found the offence was ‘overbroad’, that is, it was defined so widely that both innocent and offensive messaging could be brought under its ambit. The failure to define the offence narrowly fell foul of the constitutional protection for free speech and expression. The same judgment, for the same reason, also struck down Section 118(d) of the Kerala Police Act, which made causing annoyance in an indecent manner through verbal comments or on telephone an offence.img
The new offence is also vaguely defined, and is made cognisable, whereas criminal defamation under the IPC is non-cognisable. Moreover, while upholding the validity of criminal defamation, the Court made it clear that no police officer can register an FIR for the offence; it can only be prosecuted as a private complaint, for Sec.199 Cr.P.C. says no court shall take cognisance of defamation unless the aggrieved party files a complaint. Further, Section 118A lays down a three-year prison term; it is two years under the IPC. By making defamatory utterances cognisable and raising the prison term, the Kerala ordinance effectively amends the IPC and Cr.P.C., a move for which the Centre’s assent is mandatory, as it is in conflict with central laws. The ordinance itself required prior presidential assent. It is regrettable that the State sought to arm itself with extraordinary powers to deal with a problem that can be dealt with through other provisions relating to stalking, harassment, criminal intimidation and verbal abuse.
- overbroad (adjective) – too much, extreme. (“go overboard” means to do something too much or to go to extremes).
- curb (verb) – control, contain, restrict, limit.
- abusive (adjective) – insulting, offensive, disrespectful, defamatory.
- disregard (verb) – ignore, overlook, take no notice of, pay no attention to.अवहेलना
- ordinance (noun) – (local) order, decree, directive/regulation.
- seek (verb) – try, aim, attempt.(seek,sought(past)
- make amends (phrase) – compensate, recompense, make it up to (for a wrongdoing).
- keep/hold something in abeyance (phrase) – suspend, reserve, discontinue, dissolve, terminate.
- दुविधा--abeyance ,Suspend
- obnoxious (adjective) – very unpleasant; disagreeable, annoying/irritating/disgusting.अप्रिय
- abridge (verb) – shorten, cut short, curtail, truncate, lessen/decrease.काट-छाँट
- free speech (noun) – the right to express one’s opinions publicly (without any restraint).
- confer (verb) – present to, give out to, grand to.प्रदान करना
- unbridled (adjective) – unrestrained, unconstrained, uncontrolled.बेलगाम
- disseminate (verb) – spread, circulate, communicate, publicize.
- deem (verb) – regard as, consider; view as.समझना,विचार करना
- humiliating (adjective) – embarrassing, degrading, demeaning, disgracing, humbling.
- defamatory (adjective) – defaming, abusive, disparaging/insulting.
- heed (verb) – pay attention to, take into account, consider.सावधान
- drop (verb) – abandon, discontinue, cancel, give up, discard.
- measure (noun) – step, action, course of action, plan of action, procedure.
- altogether (adverb) – completely, totally, entirely.
- draconian (adjective) – (of laws or punishments) extremely harsh, severe, strict, stringent, tough.कठोर
- ill-conceived (adjective) – absurd, ridiculous, not carefully planned.विचार करना, ध्यान में लाना
- promulgate (verb) – enact, pass, approve, lay down, stipulate, formulate.प्रख्यापित
- incredible (adjective) – unbelievable, unimagined, unthinkable.अविश्वसनीय, आश्चर्यजनक
- craft (verb) – to make something (with skill).तैयार
- unconstitutional (adjective) – undemocratic, autocratic, dictatorial, totalitarian.
- defamation (noun) – character assassination, libel, misrepresentation, scandalmongering, malicious gossip.
- repugnant to (adjective) – incompatible with, in conflict with, contrary to, at variance with.प्रतिकूल
- provision (noun) – term, clause, requirement/condition.
- Indian Penal Code (IPC) (noun) – The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The draft was passed into law on 6 October 1860. The Code came into operation on 1 January 1862. The Indian Penal Code of 1860, sub-divided into 23 chapters, comprises 511 sections. IPC deals with crimes and punishments.
- besides (preposition/linking adverb) – in addition to, as well, also.
- go against (phrasal verb) – be contrary to something.
- Code of Criminal Procedure (CrPC) (noun) – The Code of Criminal Procedure (in India). The main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. CrPC tells about the criminal trial procedure.
- reportage (noun) – the act of reporting news.सूचना देना
- satire (noun) – mockery, ridicule, derision.
- hollow (verb) – make something meaningless, empty, valueless, useless.खोखला, निरर्थक
- in the light of (phrase) – considering, taking into account, keeping in mind.
- narrow (adjective) – narrow-minded, intolerant, illiberal, short-sighted; dogmatic, inflexible.
- offense (noun) – crime, illegal act, unlawful act, breach of the law, wrongdoing, felony.अपमान
- strike down (phrasal verb) – abolish, annul, nullify (a law or regulation).हड़ताल करना,
- Information Technology Act (noun) – it is an Act of the Indian Parliament notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce.
- criminalise (verb) – make something (an activity) illegal.
- grossly (adverb) – extremely, excessively.निहायत
- offensive (adjective) – insulting, rude, derogatory, disrespectful, hurtful.
- menacing (adjective) – threatening, intimidating, frightening.खतरनाक
- intimidation (noun) – frightening, threatening, oppression.धमकी
- ambit (noun) – range, scope, extent, reach.सीमा
- fall/run foul of (phrase) – get into trouble, come into conflict with, go against (by not following rules/standards). अपमानित करना
- vaguely (adverb) – absent-mindedly, abstractedly, inattentively, forgetfully.अनिश्च्त रूप से
- cognisable offence/crime (noun) – an offence for which, a police officer without any warrant has authority to arrest and to start an investigation with or without the permission of a court.संज्ञेय
- non-cognisable offence (noun) – an offence for which, a police officer without any warrant has no authority to arrest.
- whereas--जहाँ तक
- moreover (adverb) – besides, furthermore, in addition.अतिरिक्त
- uphold (verb) – confirm, endorse/approve, vindicate/validate.कायम रखने,संभालना
- make clear (phrase) – explain, clarify, elucidate.
- first information report (FIR) (noun) – a written document prepared by the police when they receive information about the commission of a cognizable offence.
- prosecute (verb) – charge, sue, bring to trial, institute legal proceedings against, take to court.मुकदमा चलाया
- take cognisance of (phrase) – notice, attend to, take into account, give attention to.हस्तक्षेप,ध्यान में रखते
- aggrieved (adjective) – distressed, disgruntled, discontented, unhappy, angry.पीड़ित
- lay down (phrasal verb) – formulate, prescribe, stipulate; enforce, insist (on a rule).रखना
- utterance (noun) – remark, comment, expression, statement.कथन, उक्ति, बोल
- पूर्व--prior
- assent (noun) – approval, consent, sanction, agreement, acceptance.अनुमति
- regrettable (adjective) – undesirable, unfortunate, sad/bad, disappointing/distressing.पछतावा करने योग्य
- extraordinary--असाधारण
- arm (verb) – prepare, forearm (prepare in advance), make ready, brace.
- stalk (verb) – pursue, chase, run after (persistently seek to acquire or attain something).पीछा
- harassment (noun) – persecution, persistent annoyance, coercion/intimidation.
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