Exorcise the ghost of this bad law

Like a phantom limb, seven years after Section 66A of the Information Technology Act was declared unconstitutional, it continues to be used by many state governments. Data collected from 26 states and Union territories submitted to the Supreme Court this week demonstrates widespread use of 66A after it was scrapped in 2015, with over 1,000 cases registered since and 169 court proceedings still underway. The ongoing cases must immediately be withdrawn. Section 66A added to the IT Act, 2000, in 2009, gave police the power to arrest a person for using the electronic medium to post content considered 'offensive'. It was a carte blanche to arrest anyone who posted anything deemed remotely critical of those in power - essentially, the stuff of tinpot dictatorships. With offenders across the political spectrum and in states that include Tamil Nadu and West Bengal, this is not a partisan issue. It is a case of overzealous authorities misusing a (non-)law in a feudal set-up.

Lack of awareness about laws and rights among the general populace is a matter of concern, too, for anyone who believes in the value of open society, the rule of law and supremacy of the Constitution. In this case, the jettisoning of a bad law must signal 'overenthusiastic' authorities to intervene when thin-skinned or motivated members of society stretch the definition of 'offensive' to ridiculous levels, not to join issue with them.

The phantom of Section 66A lingering makes the quality of our democracy strained. The judiciary in all states, and on all levels, must ensure that such 'more loyal than the king (or queen)' behaviour is not tolerated. To ensure that what is truly offensive and endangers people is tackled, such extra-legal use of a non-existent law must be got rid of.