This is by far the most ridicuolous case around! A guy was writing stuff like “Sonia Gandhi is a traitor or enemy of India” on Orkut and the Indian Government machinery went on an overdrive and arrested him. Worse, Google obliged the Government with the necessary details! It obviously makes you wonder what is Google upto?
Now, everyone knows that there are numerous mashups of pictures of Indian actresses shown to be in nude. Was that obscene? Congress and the Left have called the RSS and other parties and leaders of BJP as fascists.. in fact there are numerous websites for everyone from those hating RSS to Raj Thackeray. In fact Jagadguru openly admits to be a hater of all religious Hindus. Have they been tried? NO!
This shows the different standards for different people and personalities. The obvious question here is clearly – What is to be called “Obscene”? And who decides what is obscene and what is not? It is a subjective thing anyways! Or will the standards change depending on who is the person involved? For that seems to be the case in application of Indian laws in any case!
Ostensibly he was tried under Section 67 of the Information Technology Act 2000. This is what that relevant portion says about the obscenity. As you can see its interpretation is fairly wide! specially the third part. Using this you can possibly argue that even showing violent movies can corrupt kids who are likely to read and see that content! So, where does this end? It is clear this act is written to create mischief.. and the Indian justice system has messed in overstepping the line of common sense in Sonia Gandhi’s case!
Publishing of information which is obscene in electronic form. – Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeal to the prurient interest or if 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 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.
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