NHRC to Maharashtra Government: Pay Rs.50 thousand each to two girls or face coercive process in facebook comments case

PRESS RELEASE

New Delhi, 15th July, 2014

The National Human Rights Commission has reiterated its recommendations in yet another reminder that the Government of Maharashtra pay Rs.50 thousand each to the two girls, who, it held, were illegally detained by the police following a facebook post after the death of Shiv Sena Chief Balasaheb Thackeray. The Commission has held that their detention was in violation of freedom of speech and expression of views guaranteed in the Constitution of India.

Having received no response to its notice and reminders to show cause why monetary relief should not be paid to the victims of human rights violation, the Commission, in its latest direction, has asked the Chief Secretary of the State to submit the compliance report along with the proof of payment within four weeks failing which, it may be constrained to take recourse to coercive process under Section 13 of the Protection of Human Rights Act, 1993.

The Commission had taken suo motu cognizance of the issue on the basis of media reports carried on the 21st November, 2012 that two girls were arrested on the 19th November, 2012 on the ground that they had committed offence under Section 295 (a) IPC. Section 505(2) IPC was subsequently invoked by the investigating Inspector. The allegation was that a comment on the facebook made by one girl at the time of the bandh after the death of the Shiv Sena Chief, Balasaheb Thackeray, was commented upon by her friend saying she liked, had annoyed some Shiv Sena activists of Palghar Division.

The Commission, after enquiry observed that the comments did not indicate any malicious intentions to hurt the feelings of any class or religion or religious beliefs. Bandhs had already been declared as illegal by the court. The comment only indicated that the bandh was not necessary as a mark of respect to the departed leader and that the city was shut down due to fear and not due to respect. From the facts disclosed, the police had no reasonable ground for invoking Section 505(2) IPC. Because of the over reaction of the police, these two young women were arrested for which the State is prima facie responsible.

The Commission has also observed that every citizen can interpret these comments as per his/her thoughts. However, these did not have any contents to attract provisions of the Information Technology Act, 2000. As per Article 19 of the Constitution of India, every individual has a right to freedom of expression, which is a Fundamental Right and therefore, their arrest was a serious violation of human rights.