Controversial Section 118A of Kerala Police Act will not be implemented
Amid uproar over certain controversial clauses in the Section 118A in the Kerala Police Act, the Pinarayi Vijayan-led government has announced that it will not be implementing the 'amended law' for now.
Amid uproar over certain controversial clauses in the Section 118A in the Kerala Police Act, the Pinarayi Vijayan-led government has announced that it will not be implementing the 'amended law' for now.
A press note from the chief minister's office said: "When the amendment was notified, there are varied kinds responses from the society. Doubts were raised by those who are supporting the left democratic government and those who are standing for protection of democracy. Hence it is decided not to implement this notification. Appropriate actions will be taken only after a detailed discussion in the assembly, after hearing all the parties."
The decision comes a day after the Kerala chief minister's statement that the Kerala Police Act will in no way be used against free speech or impartial journalism, refused to quell the outrage.
The law aims to stop bullying, insulting or disgracing individuals through any content and circulating the same through any communication medium.
Kerala Governor Arif Mohammad Khan had yesterday signed the Kerala Police Act Amendment ordinance.
A press note issued by the chief minister's office on the day the ordinance was approved, the new section says, "anyone who produces content, publishes or propagates it through any means of communication with an intention to threaten, insult or harm the reputation of an individual will be punished with an imprisonment of five years or a fine of Rs 10,000 or with both".
The amendment also allows a police officer to register a case suo motu against the accused.
Defending the government's move, Vijayan had said: "In general, traditional media functions within these constitutional limits. However, certain online media have scant regard for such constitutional provisions and behave as if anything goes, creating an atmosphere of anarchy. This will alter our social order, and it cannot be allowed."
He added, "Within the contours of our Constitution and the legal framework, everybody has the right to make the strongest criticisms. The new amendment will not hamper that freedom in any way. If seen in a positive light, no one can perceive infringement of freedom in it. Only those who think that it is their freedom to wreak havoc in others’ lives, can see this as an affront on their freedom. And that is not something that modern society would allow anywhere in the world."