“The amendment has invited opinions from various corners. Everyone, including those who support the Democratic Left Fund and those who defend democratic values, expressed concern about the new amendment. In these circumstances, the government does not intend to implement the amendment. A detailed discussion will be held in the assembly to seek everyone’s opinion and only then will further steps be taken, ”the prime minister said in a statement. The central leadership of the CPM had also asked the government to withdraw from the implementation of the amendment.
It was TOI on October 22, which had highlighted the dangers of the new amendment that was introduced by citing a need or a strong law against cyberbullying, especially against women. The state cabinet had decided to recommend to the governor to enact the ordinance in this regard on October 21, to which Governor Arif Mohammed Khan had given his consent on Saturday. The insertion of the particular clause in the Kerala Police Act 2011, as 118A says that “whoever makes, expresses, publishes or disseminates through any type of communication medium, any matter or subject to threaten, abuse, humiliate or defame a person or class of people, knowing that it is false and that it causes harm to the mind, reputation or property of said person or class of persons or any other person in whom they have an interest, will be punished with imprisonment for a period that can be extended to three years or with a fine that can be extended to ten thousand rupees or with both of them.”
The government had cited a higher court ruling to make the amendment. Interestingly, the same trial had also said that there are enough laws to curb cyberbullying, and the police will have to be vigilant. The high court had observed, in Sreeja Prasad v. Kerala state, 2020, that “it is the duty of the state to maintain public order. In addition, according to the current criminal law, these offenders can be prosecuted, so the state police must be alert.
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