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| Salute to our Higher Judiciary for striking down Sec 66A of IT Act | | | Nikhil Gupta | 5/2/2015 12:21:23 AM |
| The institutions of Army and higher Judiciary have never allowed any reservation to anyone and the selections are purely on merit . Atleast this is the general impression . Whereas our army has always defended our country , the judiciary particularly the higher Judiciary has always delivered landmark judgements that have served our nation for longtime. In my personal view if there are no courts of law in our nation then there will be total chaos as there are many instances when the persons at some position have caused nuisance to the common public . There are many examples where the common people of India have been kept in wrongful confinement . There are many cases where even the women have been arrested in the dead of night in most shameless and shameful manner and kept in wrongful confinement . The only justice available to such victims is through the court of law and I am very proud that our higher judiciary has always saved common people from such horrible situations and even the offenders have been suitably punished by law . There are many cases when people reach some position in government or in private sector and then commit horrible mistakes . If some officer doesnot know his competence level for sanctioning of projects and commits gross mistakes then what can be said of such a person ? Further if that fellow grants AIR PERMISSION on his own without knowing his competence level then what can be said of that fellow ? Normally the air permission for some work is granted at very senior level . There are also many cases when persons reach at some position and then create chaos by issuing illegal and unconstitutional orders . Such people can mark anyone absent even when there are glaring evidences that the concerned person was in office and also completed his assigned works . These horrible things are happening everywhere around us . In our country there was a case when someone issued arrest warrants for the honorable President of India which is a big mistake .
But how can India develop into a technology driven country ? All this is possible if and only if India and her leaders learn to respect the merit among the common people of India . We all know that merit is very important for any country or any organization to succeed . The countries where there is no freedom of speech and where there is no consideration of merit fail in the long run . Similarly the organizations where the voice of the employees is not listened and where there is no consideration of merit and where chaplusi in the name of discipline is imposed on the hapless employees tend to fail in the long run . Without the importance given to merit , no organization or no country can compete in today's competitive world . Let us consider an imaginary scenario just like some bollywood movie where the upper castes and classes viz KSHATRIYA GUPTAS have become arrogant ; Brahmins in this imaginary scenario loot people in name of religious rituals and various superstitions ; Arora , Ahuja , Agarwal , khullar and Khatri merchants in this imaginary scenario loot people by way of hoardings and market manipulations in their businesses ; shudras or the worker classes including lohars , sunars , tarkhans etc charge exorbitant rates for their works and the downtrodden sections like Dalits and mahadalits have also made their own lobby within the country at macro level and within the public organizations at micro level . In such cases the leaders of the countries at macro level and the leaders of the organizations at micro level should take due care of the merit particularly in case of science and technology fields . Only meritorious persons can take any organization forward . Any country or any organization that ignores merit is doomed to fail . It is a well known fact that there is some opposition to the reservations in government jobs granted to schedule castes and schedule tribes and other backward castes in our J & K state by an anti reservation group . Their main argument is that there are poor people in every caste and so economic criteria should also be the basis for granting reservation benefits . There is also some opposition to reservation benefit in promotions . Further it is also found out that many schedule caste officers who are well placed in governmental organizations keep their surnames that look like upper caste surnames . There is nothing wrong in this in my view but the common people of India have the right to know the truth . As it is found out that more and more castes and even religions are clamoring for the reservation benefits , it should be made mandatory that the reservation quota should be mentioned in the name plates of such officers . This quota of reservation can be schedule caste quota , schedule tribe quota , OBC quota , sports quota , defense quota , RBA ( resident backward area ) quota and the ALC ( actual line of control ) quota . There was a move to grant reservation to muslims in Andhra Pradesh and Maharashtra . If this is available then this quota should also be mentioned . When kashmiri pandits migrated from Kashmir in nineties , they were given many benefits such as admission to their children in technical colleges in various states . Such quotas should also be mentioned . It is just a suggestion as the ultimate decision is always of the government of the day .
Coming to the judgement on section 66A of the IT ACT , the honorable Supreme Court quashed Section 66A of the Information and Technology Act. The apex court called the section unconstitutional and untenable adding that it affects the Freedom of Speech and Expression. The court termed the provision as vague and said "what may be offensive to a person, may not be offensive to others . Counsel for the petitioners have argued that Article 14 is also infringed in that an offence whose ingredients are vague in nature is arbitrary and unreasonable and would result in arbitrary and discriminatory application of the criminal law. Further, there is no intelligible differentia between the medium of print, broadcast, and real live speech as opposed to speech on the internet and, therefore, new categories of criminal offences cannot be made on this ground. First and foremost Section 66A infringes the fundamental right to free speech and expression and is not saved by any of the eight subjects covered in Article 19(2). The causing of annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill- will are all outside the purview of Article 19(2). Further, in creating an offence, Section 66A suffers from the vice of vagueness because unlike the offence created by Section 66 of the same Act, none of the aforesaid terms are even attempted to be defined and cannot be defined, the result being that innocent persons are roped in as well as those who are not. Such persons are not told clearly on which side of the line they fall; and it would be open to the authorities to be as arbitrary and whimsical as they like in booking such persons under the said Section. In fact, a large number of innocent persons have been booked and many instances have been given in the form of a note to the Court. The enforcement of the said Section would really be an insidious form of censorship which impairs a core value contained in Article 19(1)(a). In addition, the said Section has a chilling effect on the freedom of speech and expression. Also, the right of viewers is infringed as such chilling effect would not give them the benefit of many shades of grey in terms of various points of view that could be viewed over the internet.
The content has no bearing on any person or any organization and the author is guided by the motto
" THE ROYALE GUPTA WARRIORS NEVER FIGHT FOR THEMSELVES BUT FIGHT FOR A BIGGER CAUSE " . Vande Matram and Jai Hind. |
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