Nisha Ghosal
The Chief Minister of Kerala, Pinarayi Vijayan, has directed that the Government will not apply the arguable provision— Section 118A of Kerala Police Act, 2011, thereof a new law would be implemented after a meeting in the State Assembly.
The main reason to bring such an amendment stands to stop defamation, false, and sleazy propaganda against women and transgenders.
CM stated in a press note, “It is requested that people who are engaged in making false allegations, be restrained and cautious form making such allegations which are not in tune with the personal Liberty and humanity.”
“Section 118A is an attempt to resurrect the same approach to regulation of free speech that had been declared to be unconstitutional by the Hon’ble Supreme Court in Shreya Singhal. Many of the expressions used in Section 118A are only cosmetically different from the expressions which were already considered and rejected as vague in Shreya Singhal,” a petition filed against the provision before the Kerala High Court stated.
Former Minister NK Premachandran, former Minister and RSP Leaders Shibu Baby John and AA Azeez, and Kerala State BJP President K Surendran challenged the provision as ultra vires the Constitution(beyond one’s legal power or authority).
The Supreme Court of India stated that section 118A of the Kerala Police Act, 2011 was violating the rights of the citizens under Article 19(1)(a) of the Constitution of India. (Shreya Singhal judgment)