Is the arrest of Rahul Krishnakumar Vaid an attack on free speech?
An IT professional has been arrested for writing obscene comments about Sonia Gandhi on an orkut community “I hate Sonia Gandhi”. Many in the blogosphere seem to think that this is an attack on free speech and Google was in the wrong for supplying the data to the government. (See the comments)
The accused has been arrested under section 292 of Indian Penal Code and section 67 of the Information Technology Act. I am no lawyer. However even a cursory glance at the sections makes it clear that the case is of spreading obscenity and not about writing something against Sonia Gandhi. Here is the text of the 2 sections
The Indian Penal Code vide section 292 defines the term obscene and provides for punishment for distributing any such object.
Section 67 of the I.T. Act is the most serious legislative measure against pornography. This section reads as follows “Whosoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or it its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with an imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.”
Hence it seems the law does not have a problem with what he said but rather the language that he used to express himself. That clearly is not an attack on free speech.
It seems to me that obscene speech is still speech, and should still be protected. I’m sure it’s just a coincidence that the Indian government intervened in this particular obscenity case that just happened to involve an Indian official. I bet they don’t have any more pressing matters to attend to, and they prosecute every obscene post that comes from the Indian subcontinent, no matter what, right? If that’s really true then you might be right that it’s clearly not an attack on speech, however from where I sit I find it rather unlikely.
I agree with the previous commenter. Free speech by definition is any speech period using any language period. By illogical interpretation it is seen as ‘with conditions like language etc’. Its better if the they meant ‘restricted speech’ and enforce it instead of pretending to be something it is not. And so what if India has ‘restricted speech’, it may be for reasons of peace; it just loses integrity when it cannot live up to the name ‘free’.
also, 5 yrs jail for bad language seems too harsh.
people committing adultery in marraige are posting $500 fine and walking away. so judging moral by ‘bad language’ is too radical i guess. also this can lead to misuse – if someone needs to put someone in jail, all they need to do it cleverly (untracebly) post a comment with bad language on someones behalf, complain to police and watch him get dragged away??? i hope they re-look into this section of law. India is making economic strides in +ve direction, but it has to be followed by social changes also. Else it could become like “make all the money u want, but live a life as dictated by us”.
Maybe the Indian Constitution should be amended to read ‘resticted freedom of speech’. Good point, Evans
India is still a medieval society where saying anything vulgar somehow seems to infect that person… what a bunch of psychologically impotent clowns
Banning vulgar language isn’t an attack on free speech? You obviously have no idea what the concept of free speech entails, so your opinion on the matter is worthless.
Freedom comes with responsibility.
Freedom does not mean freedom to abuse, freedom to use vulgar language.
I understand perspectives of above comments that I dont agree.
But imagine me abusing and vulgarly insulting above comments with vulgar and obscene references, that is insulting right?
Point that I am trying to make here is that, Rahul has been arrested as per law. This hate community has not been started by him. The community still exists and anyone is free to join it and express his or her views.
Rahul has been arrested for using and spreading obscene language in electronic media which is punishable as a per Indian Penal Code.
But I don’t agree to the way the government and police has reacted to this. If they found it objectionable, they should have got the content deleted and should have warned the poor chap on not to repeat it. Rahul did not harm any one. He did not murder or exploit anyone. He just expressed his view in a manner which is in-appropriate. I believe that he was not even aware that it was punishable under law.
But then congress would do any thing to appease the Gandhi family.
“all men are equal but some are more equal than others” – George Orwell
well this issue is blown out of proportion just because name of Soniya Gandhi is involved.. Government and Police needs every opportunity to appease Gandhi family…Well if u just browse orkut communities there are many instances where vulgur comments are written abt Mayawati and many leader .. But no one was so serious abt that.. ONly since here somebody wrote something abt SOniya Gandhi , we have got this opportunity to have discussion..
LONG LIVE SONIYA GANDHI AND THEIR LEGACY
Looks like some people think obscene/vulgar language is acceptable free speech. Well I guess they wouldn’t hesitate to talk in such filthy terms with their 5-year-olds.
Rewrite the Indian Constitution to read as ‘resticted freedom of speech’.
Gandis’ forever
India sucks. As someone said, it’s medieval society which still classifies people by caste.
Marriage is handed out by parents. Parents in general, are tyrants, hence all the children up to their thirties act like newborns.
It is most certainly ridiculous and third-worldly to arrest someone for writing something on the internet!
whatever happened to freedom of speech?