Kerala govt to approach governor to repeal controversial police act amendment

What really angered netizens, left supporters, journalists and civil rights activists is that ordinance covers any means of alleged offensive communication or criticism in any platform and not just on social media alone.

The Kerala government on Tuesday decided to approach governor Arif Mohammad Khan to promulgate a new ordinance to withdraw the controversial amendment in the police act following a nationwide uproar.

Kerala chief minister Pinarayi Vijayan government was under heavy criticism over the amendment. (PTI Photo)

Announcing this, chief minister Pinarayi Vijayan said it was the duty of the government to respect popular sentiment. “We respect popular sentiment in this regard and decided to withdraw the amendment immediately. There is no room for any concern now,” he said.

The CM said the government brought the ordinance in right earnest to check mounting cyber bullying against women and children but never expected such a backlash.

“We did it in right earnest. When many well wishers and others pointed out the chances of its misuse, we decided to withdraw it. We are always in the forefront to uphold personal and press freedom,” he said.

After burning its fingers badly, the government had on Monday decided not to implement the ordinance which many critics said will muzzle dissent and free speech. Now, the cabinet has advised the governor to nullify the ordinance signed by him three days ago. Once he signs the Repeal Ordinance, the law will become redundant, said legal experts. It is seen as a big setback to the government which is forced to withdraw an ordinance within three days of its promulgation.

At the root of the trouble was a new clause, 118 (A), which was inserted in the Kerala Police Act (amendment) ordinance issued on November 21. Though the government reiterated that it was meant to check online hate crime against the women and children, its contours raised serious doubts among critics and was seen as a ploy to silence dissent.

After controversy erupted, many senior leaders of the ruling Left Democratic Front (LDF) came out saying it was brought without any consultation in the coalition. Politburo member MA Baby expressed his indignation in public saying the controversy should have been averted. It was the firm stand taken by the CPI(M) central leadership that forced the state government to take immediate corrective measures, said party insiders.

“It has inflicted damage to our ideals. We can’t imagine how the left government brought such a draconian law. We will ensure proper consultation in the party and coalition to avert such mistakes,” said a senior leader of the CPI(M) who did not want to be named. The CM evaded a direct reply to the question, if the ordinance was brought without enough consultation in the party and coalition.

What really angered netizens, left supporters, journalists and civil rights activists is that ordinance covers any means of alleged offensive communication or criticism in any platform and not just on social media alone and they fear it can be used to target opponents and trap innocent people.

Any person who creates or sends any information that is perceived as offensive or intended to offend or threaten another person through any means of communication is liable to face imprisonment for three years or a fine of Rs 10,000 or both, said the 118 (A) amendment to the Police Act 2011.

“Withdrawal of the ordinance is a welcome step. But the CM should make it clear what prompted him to introduce such a draconian law,” said former chief minister Oommen Chandy.