THIRUVANANTHAPURAM: Following widespread condemnation from civil society and the media, as well as voters traditionally associated with the left, the LDF government decided on Monday to withdraw Amendment 118A from Kerala Police Law that, in effect, gave the police arbitrary powers to muzzle freedom of expression in any medium.
It is unclear whether the government will enact a new ordinance to withdraw Amendment 118A, which was practically smuggled in without any actual consultation within the ruling LDF or even cabinet, let alone put to the test on the assembly floor, or present a new bill in the next session.
“The amendment elicited mixed responses from various corners. The apprehensions were aired by those who support the LDF and profess to defend democracy. Under these circumstances, the government of Kerala will not go ahead with the implementation of the amendment. A detailed discussion will be held in the assembly on this matter, and the future course of action will be decided after due consideration is given to the opinions arising from all sectors, “said the chief minister. Pinarayi Vijayan it said in a statement.
Hours earlier, CPM General Secretary Sitaram Yechury had announced in New Delhi that Amendment 118A would be reconsidered, after which state party leaders met here and decided to suspend the ordinance. The state government had announced the ordinance on October 21 and the central leadership of the CPM remained indifferent until it was officially notified on November 21 and all hell broke loose.
The media had duly written about the ordinance, highlighting the dangers of the amendment that was introduced under the pretext of protecting women from cyberbullying. TOI, in its November 23 edition, had reported that the new law might not be approved, as the Supreme Court had repealed in 2015 a similar one, Section 118 (d) of the Kerala Police Law, which qualifies it violation of the right to freedom of expression.
Leader of the opposition Ramesh Chennithala He called the CM’s statement on Monday that his government did not intend to implement the law as a hoax and demanded that it be repealed as soon as possible. Congress they organized protests against the ordinance as the media and civil society rallied to condemn it.
The recently added clause 118A provides for imprisonment for a period that can be extended to three years or with a fine that can be extended to 10,000 rupees or both to anyone who “does, expresses, publishes or disseminates through any type of medium communication, 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 damage to the mind, reputation or property of said person or class of people or any other person in the one that has interest “.
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