Vagueness, Overbroad Powers & The Chilling Effect: Section 66a Vs Article 19(1)(A) In Shreya Singhal V. Union Of India
- IJLLR Journal
- 2 hours ago
- 2 min read
G.V.L. Prashasti, GITAM School of Law
ABSTRACT
In the case of Shreya Singhal v. Union of India, the Supreme Court struck down Section 66A of the IT Act,2000, as unconstitutional, as it violated the fundamental right provided under Article 19(1) (a) of the Constitution of India, which guarantees freedom of speech and expression. The terms mentioned under Section 66A, such as “grossly offensive”, “menacing”, “annoyance”, “inconvenience”, etc, are vague, overbroad, and have created a chilling effect on freedom of speech and expression. And how this Section has crossed the limitations set by Article 19(2) of the Constitution of India.
INTRODUCTION
Shreya Singhal v. Union of India is a landmark judgment delivered in 2015 by the Supreme Court of India, which held Section 66A of the IT Act, 2000, as unconstitutional.
The case was filed against Section 66A of the IT Act,2000, which criminalises sending offensive messages through computers or other communication devices. The petitioner in this case, Shreya Singhal, filed a PIL before the Supreme Court by challenging Section 66 A of the IT Act, 2000 on the grounds of being vague, overbroad, chilling effect and violative of the fundamental right to freedom of speech and expression enshrined under Article 19(1)(a) of the Indian Constitution.
ARTICLE 19(1)(a) OF THE INDIAN CONSTITUTION
This Article grants all citizens the freedom to speech and expression, which allows them to express their thoughts, opinions, and ideas through various means such as words, writing, print, pictures, or any other form of communication, irrespective of platforms. This fundamental right is very important for individual fulfilment, for the discovery of truth, public participation in decision making, and to ensure the balance between society stability and change. It is subject to reasonable restrictions under Article 19(2) of the Indian Constitution.
