Was Gurmeher Kaur guilty of “Trolling”?

For the last week or so, there have been intense debate on the social media and TV media about the Gurmeher Kaur incident where the 20 year old student of Delhi University kicked off a controversy by posting a You Tube Video in which she said “Pakistan did not kill my father, War did”.

Gurmeher’s father was a Kargil martyr and her statement incensed many who felt that she was trying to absolve Pakistan of the responsibility for the Kargil war.

When those who opposed her view posted their comments including one from Virendra Sehwag saying “I did not score two triple centuries. My Bat did”, the media started hounding Sehwag and others accusing that they were unfairly trolling Gurmeher, the poor 20 year old Girl and Student who had a “Right of Free Expression” under our respected Constitution with which all these “Liberals” swear. The people who opposed Gurmeher were accused of “Trolling” .

It is therefore necessary for Cyber Watchers to debate what constitutes “Trolling” and whether it should be considered as an “Offence” and if so under which law? etc.

As a disclaimer, I would like to say that I donot support the threats on this “20 year old  girl student” which was repeatedly stressed by Burkhadatt. I however consider that she was acting at the behest of political interests represented by RG and AK to raise a controversy in the light of the ongoing UP elections and to inconvenience BJP. She therefore deserves to be considered as a “political activist” and not a “Student”. Her age and gender is immaterial for holding her a motivated political worker.

First of all, I am seriously opposed to the student politics of all kinds and our educational institutions should be free of elections and political affiliations of all kinds. Students should focus on education and those who remain students eternally and keep creating problems whether in JNU or Ramjas or Film Institute-Pune or Jadhav University, must be kicked out of the educational institutions. They are free to join political parties and continue their disruptive work but not pose as if they are “Students” and claim respect and sympathy.

Those who support Gurmeher would like to consider that the “Trolls” have tried to curb the “Freedom of Expression” of Gurmeher and forced her to shut up and retreat from the “Campaign” she was in.  If Section 66A of ITA 2008 was present, perhaps we could have seen cases being filed (or tried to be filed by Congress and AAP) on Sehwag and others for harassing the young Girl student. Probably if a proper advocate who can influence the Judges by their powerful arguments as they did in the Shreya Singhal case is engaged, they may get the honourable Supreme Court to declare that “Trolling” is an offence and Sehwag and others like him should be immediately arrested for having violated the  Constitution of India.

In this connection, I would like to draw the attention of this community about the definition of what constitutes “Trolling”.

According to the Wikipedia,

Internet Troll means

“In Internet slang, a troll (/ˈtroʊl/, /ˈtrɒl/) is a person who sows discord on the Internet by starting arguments or upsetting people, by posting inflammatory,extraneous, or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the intent of provoking readers into an emotional response or of otherwise disrupting normal, on-topic discussion,often for the troll’s amusement”

This definition seems to fit to Gurmeher’s post more appropriately than say Sehwag’s post. Hence she would be considered guilty of “Trolling”.

So if “Trolling” is to be punished, the first person to be convicted would be Gurmeher herself and hence her supporters should be wary of going to the Court seeking a remedy for trolling.

Naavi

About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
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1 Response to Was Gurmeher Kaur guilty of “Trolling”?

  1. Dr Rakesh Goyal says:

    Fully agree with you.

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