Article 19 of Indian Constitution States ‘Protection of rights regarding Freedom Of Speech’. Undoubtedly Article 19 was traduced by Section 66A of Information Technology Act. There were slew of cases wherein the individuals have been incarcerated. The arrests of the cartoonist Aseem Trivedi on sedition charges ; the cases against two girls who argued for Mumbai shutdown after Bal Thackeray’s demise ; the arrest of a UP boy after his post on Facebook against Azam Khan, a Cabinet Minister of UP triggered immense outrage.

Shreya Singhal,a free speech activist and a petitoner clamouring for the repeal of Section 66A got a ruling in her favour by the Honourable Supreme Court of India. She grittily batted for ‘Abhivyakti Ki Azaadi’ and what beleaguered her the most was that anyone could allege anything on television or media and nobody would excoriate you and on the contrary if you have asseverated the same thing online and ended up enkindling another person you can be prosecuted.

The IT Act which was implemented in the year 2000 encompassed Section 66 which solely dealt with cyber crimes. Section 66A being a subsection of Section 66 was a deterrent to scurrilious contents which are posted online against the assailable sections of the society. However,the court didn’t shrugged off the prosecution of the pertinent hooligans in cases related to cyber crimes under Indian Penal Code (IPC).

Justice Nariman and Justice Chelameshwar gave a landmark judgement on 24th March,2015 by scrapping Section 66A of IT Act and consequently rebuffing all the cases in this regard and granting the malefactors a sedate ‘Ghar Wapsi’. The judges gave their assent that Section 66A hits hard at the roots of freedom and is seemingly vague. It’s a brazen attack on the liberty of individuals. The Apex Court was of the view that Section 66A is untenable.

Formely,it was like we were combating with our own Fundamental Rights tabled in the Constitution. This Act intented to swagger and browbeat the netizens over contentious issues. The Apex Court decision of Section 66A was also warmly welcomed by the political parties and partisans.

A petition filed by a young law graduate gave teeth for the crusade against Section 66A which later on brought other noted activists,advocates and journalists to bat for this atrocity. We are deeply overwhelmed by Supreme Court discernment.

Hail Honourable Supreme Court..!! Au Revoir Section 66A..!!

Utkarsh Jaiswal