Published 17:43 IST, November 23rd 2020
After backlash, Kerala CM says Police Act amendment will be ‘discussed’ in Assembly
Facing severe backlash on its controversial amendment to Kerala Police Act, CM Pinarayi Vijayan on Monday, issued a statement that govt will not implement it
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Facing severe backlash on its controversial amendment to Kerala Police Act, CM Pinarayi Vijayan on Monday, issued a statement that the govt will not be implementing the newly passed Ordinance. While the ordinance is in force, Vijayan said that 'future course of action will be decided upon' after a detailed discussion in the state assembly. Kerala Governor Arif Mohammed Khan on Saturday has signed the Kerala Police Act Amendment ordinance brought by the LDF government against offending someone.
Kerala CM: 'Will hold detailed discussion
State Govt had earlier decided to amend the Police Act to address the problem of cyber bullying & hate speech over social & digital spaces. But many have expressed concerns about it.The voices of dissent include people who support the LDF & many others who stand up for democracy.
— Pinarayi Vijayan (@vijayanpinarayi) November 23, 2020
Vijayan: 'Can criticise within Constitutional limits'
This is in contrast to Vijayan's statement defending it on Sunday saying, "The new amendment to the Kerala Police Act will not in any way be used against free speech or impartial media activity. Anyone is free to make any strong criticism within the limits of the Constitution and the legal system. In addition to media freedom, the government has a responsibility to protect the individual liberty and dignity guaranteed by the Constitution."
What is Kerala's ordinance on 'offensive' talk?
On Saturday, Kerala Governor Arif Mohammed Khan signed the Kerala Police Act Amendment ordinance that incorporates a new Section 118 (A). The amendment to the police act says that if the government finds any media platform including social media producing, publishing, or propagating content that could threaten, insult or harm an individual, they will be punished with a fine of Rs 10,000, imprisonment of five years or both. The LDF government has said that this amendment was done to 'control cyberbullying'. Kerala DGP Lokanath Behera said that a special Standard Operating Procedure will be prepared before taking action on the amendment to ensure the ordinance is not 'misused'.
Congress & BJP questions LDF government
Reacting to the ordinance, Congress senior leader and former Union Minister P Chidambaram expressed his shock and asked if CPI(M) General Secretary Sitaram Yechury will defend the "atrocious decision". Similarly, Kerala BJP President K Surendran said that the CM was ' trying to control social & mainstream media by bringing this draconian Act'. In the barrage of opposition to the new law, CPI (M) tweeted that the law was being reconsidered now.
In 2015, the Supreme Court had struck down section 66-A of the IT Act and Section 118(D) of the Kerala Police Act as unconstitutional and had stated that it was against freedom of expression. However, the LDF government of Kerala claims that the Centre has not introduced any other legal framework in place of the act and in such a scenario, the police are "unable to deal effectively with crimes committed through social media". Several rights activists, lawyers and BJP are planning to challenge the ordinance.
15:47 IST, November 23rd 2020