The new cyber crime reported from UK where a women has complained of unsolicited obscene image being flashed on her iPhone has once again highlighted why the scrapping of Section 66A was an erroneous judgement of the Supreme Court of India.
The case reported here by BBC may still come under Section 67 of ITA 2008 since the image can be considered as “Obscene”. However if the same technology is used for any sending any image which is not considered “obscene”, it would be considered as “Free Speech”, thanks to the judgement in the Shreya Singal case. Despite whatever adverse impact the image may have on the recipient including he or she going into depression and committing suicide, it would still be defendable as “Free Speech”.
The Supreme Court may say that they have no responsibility on the after effects of any of their decisions and it is for the Government to take corrective action. Perhaps they are right in legal terms but the fact that the Court was not in a position to understand the impact of their decision and why Section 66A was not required to be scrapped to provide justice against its misuse by Police on several occasions cannot be denied.
Instead of the Court waiting for the Government to bring back Sec 66A in a re drafted form, it would be good if the Supreme Court suo moto admits its mistake and recalls its own order and modify it suitably.
But will any Court have the courage to admit its mistake? on its own?..