This Article is From Mar 25, 2015

Why I, Shreya Singhal, Challenged Section 66(A)

(24-year-old Shreya Singhal was the first to challenge Section 66(A) in the Supreme Court. She's a second-year student at the Faculty of Law, Delhi University.)

I filed the petition challenging Section 66(A) of the IT Act, 2010, in 2012 after the arrests of the two young girls in Maharashtra, I was so shocked as to why they were arrested and even more so when I read the section 66(A) under which they were arrested. The continued misuse of 66A led to arrests in West Bengal and Pondicherry and it dawned on me that someone had to do something to stop this gross injustice and perverse use of laws.

66(A) was a gag on the internet. It had the potential to criminalise any and all content that was uploaded to the internet, merely because a reader found something "annoying" or "of menacing character" amongst other vague and undefined ingredients to this "crime". 66(A) was violative of our fundamental right to free speech.

Now, the Supreme Court has upheld this fundamental right. Freedom of speech and expression is more vital in today's society than it has ever been. The Indian society is one that is diverse and has people of different castes, sex, religions that have different and dissenting views. This difference of opinion is what is the thread of our society and what really defines us as a democratic and secular country.

Most Indians have access to a smart phone or computer, and in turn, the internet. It has become the one medium that has the widest reach and is the most accessible. It is widely used to voice opinions and thoughts. The same thoughts and opinions which, if, were voiced on other media (newspapers, article, television, etc.) would not have been prosecuted, which is what 66(A) was doing. The internet is a popular medium for people to express themselves and the expression is our right that must be cherished and protected.

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