Row over Facebook notes
- Hueiyen Lanpao Editorial :: November 29 2012 -

Even as public outcry against last week's arrest of two girls, one for posting a comment on Facebook objecting to shut down of Mumbai on the day of Shiv Sena chief Bal Thackeray's cremation and the other for liking the comment, is yet to die down; detention of a teenage boy by the police in Palghar near Mumbai for allegedly writing an 'abusive' Facebook post against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray, has once again brought into focus the question of freedom of speech and expression in India.

The freedom of speech and expression is one of the six fundamental rights guaranteed under Article 19 of Indian Constitution to all its citizens.

However, like the other fundamental rights, the exercise of freedom of speech and expression is also subjected to certain limitations imposed under Article 19(2) in the interest of public order.

Public order as a ground of imposing restrictions over exercising these fundamental rights and freedoms was added to the Constitution following its First Amendment Act in 1951.

Unfortunately, the manner in which this restrictive Act is being enforced and interpreted by the law enforcing agencies, particularly, the police have always run into trouble with espousers of free speech, who strongly believe that freedom to air one's view is the lifeline of any democratic institution and any attempt to stifle, suffocate or gag this right would sound a death knell to democracy and would help usher in autocracy or dictatorship. .

Yes, public order is something more than ordinary maintenance of law and order. But what potential harm an innocuous comment like "People like Thackeray are born and die daily, and one should not observe a 'bandh' for that" posted by Shaheen Dhada on her Facebook page and liked by her friend Renu could cause?

The two girls were only questioning the rationale behind total shut down of the financial and commercial capital of India for the cremation Shiv Sena chief Bal Thackeray who breathed his last from cardio-respiratory arrest after prolonged illness.

However, under pressure from Shiv Sainiks, Palghar police arrested Shaheen and Renu charging them with hurting religious sentiments.

In addition, the two girls have been charged under the vaguely defined terms of Information Technology Act that bans sending such information that will offend or annoy.

Understandably, the police action has evoked widespread outrage as the arrest of the two girls on such flimsy ground is akin to abuse of law by the powerful to hound anyone who dares to question and criticize them.

Misuse of power and politicisation of the police force in the present case is a serious matter that should not be overlooked.

If it is all about public order, then why the police who have shown extraordinary promptness in arresting the girls are dragging their feet in apprehending the men who vandalised the hospital owned by Shaheen's uncle at Palghar?

Does Palghar police have any answer to this ?