Ironically, the random arrest of people for tweets or Facebook postings made some of us happy—happy that, at last, citizens have started showing concern about internet censorship. But lock-up gates had to clang at night on the faces of a few people before we realised that, in our pompous democracy, the might of the state is Ctrl-Alt-Deleting opinion with such serious zeal. The arrests have been made under Section 66A of the Information Technology (Amendment) Act, 2008, notified in October 2009. This section makes punishable with up to three years’ imprisonment anything that is perceived as “grossly offensive” but does not set out the parameters of how to decide on that—even if we were to believe that could at all be done. Questions about these arrests are deflected: the government blames the police, the police says a vague law is the problem, and those who file the complaints that lead to such arrests say that they are free to seek enforcement of an existing law.
Anyone can see that the section is not designed to nudge a case towards a conviction verdict. It is designed only to harass. Arrests, courtwork, bail. You are ground down, but the government spokesman is able to say, “The law is taking its own course.” The implication: “Aren’t you grateful you have obtained bail?” But the recent arrests have caused outrage. Taking up a PIL against the section, the Supreme Court had said in December that had it not been filed, it would have taken up the matter anyway. Despite this, the government defended the section in the Rajya Sabha, refusing to repeal it and merely adding guidelines that such arrests should be made by an officer of a higher rank—as if that would make it better.
Read more, here.