Governor Arif Mohammed Khan signs ordinance withdrawing amendments to Kerala Police Act

On Wednesday, Kerala Governor Arif Mohammed Khan signed a new ordinance revoking the insertion of the draconian Section 118A in the Kerala Police Act, 2011. This comes a day after the state Cabinet led by CM Pinarayi Vijayan gave the nod to introduce an ordinance to nullify the amendment effected by the previous ordinance signed by the Kerala Governor on November 21. After facing considerable backlash from the opposition, Vijayan had backtracked from his stance on Monday. 

He had promised that the Kerala government shall not implement the amendment pending a "special discussion" in the State Assembly pertaining to this. On Wednesday, the government had informed the Kerala High Court that no FIRs shall be registered on the basis of Section 118A. This was during a hearing on the petitions filed by RSP leaders NK Premachandran, Shibu Baby John and AA Azeez and Kerala BJP president K Surendran challenging the constitutional validity of the aforesaid contentious amendment. 

Read: CPI(M) Senior Leader Calls Kerala Police Act Amendment By Pinarayi Vijayan Govt A "lapse"

Draconian nature of Section 118A

Section 118A of the Kerala Police Act, 2011, read, "Whoever makes, expresses, publishes or disseminates through any kind of mode of communication, any matter or subject for threatening, abusing, humiliating or defaming a person or class of persons, knowing it to be false and that causes injury to the mind, reputation or property of such person or class of persons or any other person in whom they have interest shall on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both."

Read: 'What Was Hurry To Pass Ordinance?': CPI's D Raja To Kerala Govt Amid U-turn On Police Law

Just like Section 66A, none of the expressions used in Section 118A was defined, giving rise to the apprehension that the Kerala Police might be empowered to arrest persons on the basis of vague allegations. Moreover, the punishment on conviction was almost the same and both were cognizable offences. This implies that the police do not require a warrant to arrest a person.

However, Section 118A went a step ahead of Section 66A as it encompasses both defamation and injury to reputation. Additionally, the mode of communication for the commission of the offence was not restricted to a "computer resource or communication device", but extended to "any kind of mode of communication". The possibility of misuse also increased in the wake of the fact that the Kerala government's amendment included a "class of persons" which might be construed to mean any group, organisation, brand, or company.