“Overzealous Threat”
(Overzealous: अति उत्साही: too enthusiastic and eager)
Bihar police circular (परिपत्रक/इश्तिहार; a letter or notice sent to a large number of people) on social media posts reveals low tolerance (सहनशीलता/सहिष्णुता; willingness to accept behavior and beliefs that are different from your own) for criticism (आलोचना; a negative opinion given about something or someone)
The warning by the Bihar police of legal action being taken against users of social media for “offensive” posts targeting the government, its Ministers and officials, betrays (धोखा देना; to be not loyal to your country or to someone who believes you are loyal) both hypersensitivity (अतिसंवेदनशीलता; a tendency to be easily hurt, worried, or offended) and ignorance (अज्ञानता; lack of knowledge or information) of the law.
It represents an unacceptable combination of low tolerance for criticism and a zeal (तत्परता/उत्साह; great enthusiasm, eagerness or interest) to cow down (डरा के शांत करना; to crouch down, displaying an emotion, such as fear) the public. The Economic Offences Wing, which also deals with cyber-crime, has sent a circular to the department secretaries that they could inform the wing about such “offensive posts” so that it could act against them, terming such actions as “against prescribed law”.
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Presumably (संà¤à¤µà¤¤ः doubtless, or to say what you think is the likely situation), the action contemplated (कथित कार्रवाई; considering a possible future action) is for an alleged (आरोपित करना; to state that something bad is a fact without giving proof) cyber-crime. Even though the letter from the Inspector General of Police concerned makes no mention of any specific penal provision (विशिष्ट दंड प्रावधान; the act of providing specific punishment by law), it is a possible reference to Section 66A of the IT Act, as there is no other section that deals with “offensive” remarks.
Section 66A, which dealt with “Punishment for sending offensive messages through communication service, etc.” was struck down (रद्द करना/रोक देना; to refuse to continue because of an argument) by the Supreme Court in 2015, as being too broadly defined. The Act’s remaining penal provisions pertain (से संबंधित; to relate to or have a connection with something) only to other offences — sending obscene (अश्लील/घिनौना; offensive because of being related to sex or showing sex) or prurient (कामुक; too interested in another person's sexual behaviour) messages, hacking, stealing computer resources, identity theft, personation (प्रतिरूपण/पररूप; pretend to be someone else), and violation of privacy. There is nothing specific in the law that would render (बना देना; to provide or give something; to cause something) strong, even offensive and intemperate (असंयमित; having or showing a lack of self-control), criticism of the government a cyber-offence.
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The tenor (कार्यकाल; the period of time before something becomes due) of the warning suggests that the cyber-crime wing may initiate proceedings (कार्यवाही; the actions that are taken in a court of law) against those who post offensive messages. However, it ought to be remembered that the police cannot register FIRs for defamation (मानहानि; the act of harming someone's reputation by saying or writing bad things), as the offence can only be dealt with by way of criminal complaints before magistrates, and cannot be the subject of a police investigation.
The government, indeed, has the power to institute criminal defamation cases through public prosecutors (वकील/अà¤ियोक्ता; a lawyer in a court of law who tries to prove that someone is guilty of a crime), if the alleged defamation is in respect of the official duties of public servants, but such measures do not exactly shore up (मज़बूत करना; support something that is not working effectively or likely to fail) a regime’s (नियम/शासन व्यवस्था की; a particular way of operating or organizing a system, an economy, etc.) popularity.
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In response to criticism, the State government has clarified that the proposed action would only be against rumour-mongering (अफवाह फैलाना; spreading rumours) and insulting language. RJD leader Tejashwi Yadav has reacted by daring the government to jail him for exposing its wrongdoing. CM Nitish Kumar has not helped his cause by claiming that the government’s good work is not reaching the people because of criticism on social media.
There is much on social media that can be seen as crimes (hate speech, inflammatory (विद्रोहजनक/उत्तेजक; intended or likely to cause anger or hate) and insulting remarks or defamation), but it ill-behoves (मजबूर करना; force someone to do something) an elected government to take note of these, unless the offenders (अपराधी; a person who commits an illegal act) are influential enough to cause major social divisions and foment (उत्तेजित करना/à¤à¤¡़काना; to cause trouble to develop) violence. The government would do well not to act on the police circular, lest it be seen as an attempt to suppress (दबाना/दबाने की कोशिश; to end something by force) its critics and those who make allegations (आरोप; a statement, made without giving proof, that someone has done something wrong or illegal) of corruption.
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