AN ANALYSIS OF VALIDITY OF SECTION 66A OF IT ACT, 2000 IN SHREYA SINGHAL V. UNION OF INDIA

Abstract Now anyone can voice themselves on the internet without fear of criminal proceedings against them. Many cases had instilled such fear in the minds of the youth who use the internet to voice their views. Such limitation to voice one’s views is contradictory to the Fundamental Right to Freedom of Speech and Expression. Section 66A of the Information Technology Act, 2000 is the offence which is constituted by sending information which is offensive, menacing in nature and prescribes a punishment of three years with fine. This draconian law was declared to be unconstitutional by the Hon’ble Supreme Court recently on the ground that it blatantly violates the Freedom of Speech and Expression guaranteed by the Constitution of India and every such violation which is not saved by the exceptions which are reasonable in nature are unconstitutional. The case had been filed on grounds of the law being violative of two fundamental rights, however, only one of them has been accepted by the Supreme Court. This paper analyzes the parameters and the way the Hon’ble Court arrived at the judgement which protected the Freedom of Speech in India. Further it also seeks to analyze the contentions which have not been able to sustain in the Supreme Court.