This is a really disturbing case and I am really infuriated by the Indian SC's politically biased decision in this matter:
Petitioner Ajith D had started a community on Orkut against Shiv Sena. In this community, there were several posts and discussions by anonymous persons who alleged that Shiv Sena was trying to divide the country on region and caste basis.
Reacting to these posts, the Shiv Sena youth wing's state secretary registered a criminal complaint at Thane police station in August 2008 based on which FIR was registered against Ajith under Sections 506 and 295A pertaining to hurting public sentiment."
Shiv Sena -- a politico-religious party in India is often blamed for extremist views and many people have been outspoken in their criticism about Shiv Sena's policies. I am just shocked that this case would even have to be appealed in the Supreme Court of India and even worse -- the SC of India refuses to protect it's citizens freedom of speech. Ajith's act of starting an Orkut community should not matter. The views expressed in the community are those of individual citizens --free to exercise their fundamental right to speech. The fact that it is in a new, social medium rather than a rally or even printing pamphlets does not make it a criminal act. There is nothing wrong about what Ajith has done and it is far from being criminal in any way. Some people may not agree with his views or the views of members of this community. Isn't that the fundamental right we all enjoy in a free society? How would India be any different from China or Iran if the voices of her own citizens are criminalized and persecuted for expressing their opinions?
I call on all bloggers (and especially, India citizens) to take up this case and actively blog about it. It isnt just a question of freedom of speech of a single citizen in some other country but a question of what constitutes the "Freedom of Blogging".
What surprizes me is that Shiv Sena's youth wing members are literate enough to know how to use a computer.
Posted by: -Joe the Engineer (real name withheld for obvious reasons) | February 26, 2009 at 04:43 PM
Shiv Sena has a liking for Orkut. A few years back they attacked an Internet cafe in Mumbai because of a similar community on Orkut. ;-)
There is no derth of voices criticising (to put it mildly) the likes of Shiv Sena either on the Internet or in Print. How many people are they going to sue?
I hope this will be a one-off, 'cause it's really stupid and our Judiciary is more intelligent than this.
On another note, if this goes on, how long would it be before Himesh Reshammiya sues the anti-himesh community on Orkut?
Posted by: Akhil | February 27, 2009 at 01:11 AM
This is an example of the problems that we are soon going to have with freedom of speech online: blogs and blog comments, social media in general, who's responsible for what is said online?
Posted by: French Rocket | June 18, 2009 at 12:05 AM