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What is the controversial amendment to the Kerala Police Act, which would have made Section 39D more stringent and potentially infringe on freedom of speech and expression.?

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James Joseph Adhikarathil James Joseph Adhikarathil, Former Deputy Collector, Alappuzha,Leading Land Consultant in Kerala. Call 9447464502 verified
Answered on April 21,2023

The controversial amendment to the Kerala Police Act, which would have made Section 39D more stringent and potentially infringe on freedom of speech and expression, has been withdrawn by the Kerala government.

On November 21, 2020, the Kerala government introduced an ordinance to amend the Kerala Police Act, which included a provision to amend Section 118A of the Act. This amendment would have allowed the police to take action against individuals who made "defamatory" or "derogatory" comments online, even if they did not pose a threat to public order. The amendment was widely criticized for its potential for misuse and censorship.

However, following public outcry and opposition from various quarters, including the media, opposition parties, and civil society groups, the Kerala government announced its decision to withdraw the controversial amendment on November 23, 2020. The government acknowledged that the amendment had caused "apprehension and anxiety" among the public and that it would re-examine the issue after holding consultations with all stakeholders.

In December 2020, the Kerala government introduced a new amendment to the Kerala Police Act, which replaced the controversial Section 118A with a new provision, Section 118A (1) (b), that only targets those who propagate or publish content that is defamatory or derogatory in nature and poses a threat to public order. The new provision includes safeguards to ensure that the police do not misuse the law and that the right to freedom of speech and expression is protected.

In summary, the controversial amendment to the Kerala Police Act, which would have made Section 39D more stringent, has been withdrawn by the Kerala government. The government has introduced a new provision to the Act that is narrower in scope and includes safeguards to protect fundamental rights.

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