Trend of intolerance towards dissent under Modi: Amnesty calls for decriminalization of free speech

By A Representative
In an important submission before the Law Commission of India, the Amnesty International India has insisted on the need to undertake critical legal reforms to better defend the right to free speech. Saying that this is important against the backdrop of a “growing trend of intolerance towards dissent and criticism” in the recent weeks, elucidating the submission, Amnesty's senior policy adviser Shailesh Rai said, “Authorities have shown a worrying eagerness to arrest and detain people for the lawful exercise of their constitutional rights to free speech, especially when it concerns the new Prime Minister.”
Giving reasons for the submission, Rai said, “In May 2014, police in Bangalore arrested a man for sending a photograph on his phone depicting Prime Minister Narendra Modi on a funeral pyre. The same month, police in Panaji, Goa filed a First Information Report against a man who said in an online post that if Narendra Modi came to power, it would lead to a holocaust.”
Rai added, “In both cases, police relied partly on section 66A of the Information Technology Act, which criminalises online communication that is ‘grossly offensive’, and persistent sending of information known by the sender to be false, to cause ‘annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will”.
Rai further said, “In June, police arrested students and staff at a college in Kunnamkulam, Kerala, over an article that featured the Prime Minister in a list of ‘negative faces’ in a college magazine. The next week, police in Guruvayur, Kerala arrested students and staff at a different college over a crossword puzzle that used derogatory language to refer to the Prime Minister and other political leaders.In both cases, the police said that the expressions amounted to criminal defamation, among other offences”.
“While these expressions may be offensive to some, they certainly do not merit arrests and criminal cases,” said Rai, adding, “Unfortunately, some Indian laws, including those on defamation and online speech, fall short of international standards on freedom of expression and enable the criminalizing of opinion. The government must act to urgently amend these laws.” Amnesty's submission follows the Law Commission of India’s request for comments in May 2014 on a consultation paper on aspects of media laws.
Amnesty, which submitted its recommendations to the Law Commission on June 21, called for “the decriminalization of defamation, and legal reform to guard against abusive civil defamation lawsuits.” It urged “amendment to laws on contempt of court to abolish the offence of ‘scandalising the court’, and the repeal of section 66A of the Information Technology Act.”
“These laws affect not just journalists, but ordinary people too. For public debate to remain robust in India, people should be able to express their opinions without fear of prosecution,” explained Rai, adding, “The government must do more to respect and protect the right to freedom of expression.”
Amnesty also recommended the decriminalization of defamation by repeal of Sections 499 and 500 of the Indian Penal Code. If this happens, then the current situation – under which, if proven, criminal defamation is punishable with imprisonment for up to two years and/or fine – would no more exist. “The remedies”, according to Amnesty, “should include correction and apologies, with proportionate damages.”
Amnesty cited the International Covenant on Civil and Political Rights, which provides for restrictions on the right to freedom of expression, including those seeking to respect the rights and reputations of others. “Such restrictions are nevertheless an interference with freedom of expression and so must serve a legitimate aim, be proportionate to that aim and be the least restrictive available option”, Amnesty points out.
Amnesty said, “A suggestion to decriminalize defamation has also come from the UN Human Rights Committee (UNHRC),that has found that keeping defamation cases open for long periods of time and not proceeding to trial expeditiously can have a chilling effect on freedom of expression.” Then, “the UN Special Rapporteur, the OSCE (Organization for Security and Co-operation in Europe) Representative on Freedom of the Media and the OAS (Organization of American States) Special Rapporteur on Freedom of Expression have also jointly called for the repeal of criminal defamation laws.”
As for civil defamation, the Amnesty quoted the Special Rapporteur which stated in 2004: “Any fines that are levied should not prevent the continuation of press activities and investigations and should be appropriate to the financial resources of journalists…defamation cases could equally be solved without recourse to the judiciary, but through the good offices of a mediator.”

Comments

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

Workers' groups condemn Gujarat Ordinance increasing working hours, warn of statewide agitation

By A Representative At a consultation organised today by the Asangathit Shramik Hit Rakshak Manch at Circuit House in Ahmedabad, leaders of major trade unions and labour rights organisations strongly opposed the Gujarat government’s recent ordinance amending the Factories Act and the draft rules notified under the Occupational Health and Safety (OHS) Code, 2020. Around 50 representatives from central trade unions, independent unions, and labour welfare organisations participated in the meeting.

Deaths in Chhattisgarh are not just numbers – they mark a deeper democratic crisis

By Sunil Kumar For a while, I had withdrawn into a quieter life, seeking solace in nature. But the rising tide of state-sponsored violence and recurring conflict across India has compelled deeper reflection. The recent incidents of killings in central India—particularly in Chhattisgarh—are not isolated acts. They point to a larger and ongoing crisis that concerns the health of democracy and the treatment of marginalised communities.

'Bengali Muslim migrant workers face crackdown in Gurgaon': Academic raises alarm

By A Representative Political analyst and retired Delhi University professor Shamsul Islam has raised serious concerns over the ongoing targeting and detention of Muslim migrant workers from West Bengal in Gurgaon, Haryana. In a public statement, Islam described the situation as "brutal repression" and accused law enforcement agencies of detaining migrants arbitrarily under the pretext of verifying their citizenship.

Gender violence defies stringent laws: The need for robust social capital

By Dr. Manoj Kumar Mishra* The tragic death of Miss Soumyashree Bisi, a 20-year-old student from Fakir Mohan College, Balasore, who reportedly self-immolated due to harassment, shocked the conscience of Odisha. Even before the public could process this horrifying event, another harrowing case emerged—a 15-year-old girl from Balanga, Puri, was allegedly set ablaze by miscreants. These incidents are not isolated; they highlight a disturbing pattern of rising gender-based violence across the state and the country.

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

The myth of population decline: India’s real challenge is density, not fertility

By N.S. Venkataraman* India’s population in 2025 stands at approximately 1.4 billion. In 1950, it was 359 million, rising sharply to 1.05 billion by 2000. The population continues to grow and is projected to reach around 1.7 billion by 2050.

How natural and organic farming can be a key to combating the climate crisis

By Raj Kumar Sinha* On July 9, while addressing the “Sahkar Samvad” in Ahmedabad with women and workers associated with cooperatives from Gujarat, Madhya Pradesh, and Rajasthan, Union Home Minister Amit Shah emphasized that natural farming is essential for both our health and the health of the soil. This is a significant statement in the context of addressing the climate change crisis. Natural farming can play a crucial role in combating climate change. Also known as organic farming, it is a system of agriculture that can increase food production without harming the environment. Natural farming has the potential to reduce carbon emissions by 35% to 50%.

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Search This Blog