Last week, a three-judge bench of the Supreme Court of India comprising Justices Dr. D. Y. Chandrachud, L. Nageswar Rao, and S. Ravindra Bhat issued a strong warning to the Central and State Governments not to curtail the freedom of speech and expression of people who are seeking help on social media platforms to get oxygen, essential medicines, and other things during the covid pandemic.“The Central Government and State Governments shall notify all Chief Secretaries/Directors General of Police/Commissioners of Police that any clampdown on information on social media or harassment caused to individuals seeking/delivering help on any platform will attract a coercive exercise of jurisdiction by this Court. The Registrar (Judicial) is also directed to place a copy of this order before all District Magistrates in the country”, observed the Court for protecting the social media users from harassment by the police and other administrative agencies of the centre and the states. This is a much-needed and timely intervention by the Apex Court that is likely to facilitate the smooth communication of information on the internet during this difficult time when social solidarity needs to be promoted in our society.
The directions given by the Apex Court will certainly protect people from harassment and torture by the police and other government agencies in some states that have shown less tolerance to digest their criticism on social media platforms during this pandemic. Unfortunately, some governments have wrongly interpreted the criticism as an attempt to disrepute them and they also warned the people to face the charges under draconian laws such as the National Security Act. This is nothing but rubbing salt on people’s wounds. Admittedly, social media has been very useful and effective in addressing the grievances of thousands of people who were unable to get any kind of help from the government during this covid crisis. Not only this, but social media has also unearthed the various omissions and commissions of the centre and the states who have failed the people utterly during this covid pandemic. It seems the governments want to clamp down on the use of social media to avoid their responsibility. This is not the way to deal with the people. At this time, the governments should come forward to address the public health issue and take people’s cooperation in fighting against the invisible coronavirus.
Sadly, in some states like U.P., the administration has filed criminal cases against the citizens who were seeking help on social media platforms like Facebook and Twitter. In Amethi, the police registered an FIR against a man who was asking people to send him an oxygen cylinder for his family member who was suffering from covid. Ironically, no government wants to accept the truth. Recently, a Division Bench of the Allahabad High Court had strongly criticized the functioning of the U. P. government during the corona crisis while hearing a PIL. “The ghost of corona is marching on the roads and streets of the major cities of the state…those who are resourceful will survive and the rest as histories of past pandemics tell us, may die for want of proper health care”, the Court had said about the corona infection in the State of Uttar Pradesh. Not only this, but the High Court had also asked the State Government to discard its “my way or no way” attitude. This is the time when the government should listen to the High Court’s suggestion and improve the health infrastructure in the state.
It is a matter of fact that governments have ignored the public health issue in our country. It has never been a big issue for debate and discussion in the elections. The people have also failed to raise this issue on social platforms that build a strong public opinion. Indian politics is badly plagued with caste, community, and religious issues. The time has come when people should make it an election agenda given the poor health infrastructure in the country. Today, thousands of people are dying because of the shortage of oxygen, beds, and essential drugs. People are getting their covid test reports after five-six days. They are badly fed up with the governments and their agencies. Where should they go to seek help if the state does not respond to their calls? This is a matter of national shame. During this time, some public-spirited citizens have come forward to help people on social media platforms. It is indeed an admirable effort that should be carried forward to protect people’s lives and livelihoods at this extremely difficult time. Not only common people, but some honest administrative and police officers have also taken serious note of such calls and sent the required help to the needy people. This is why even the Apex Court appositely admired this gesture in these words: “In these trying times, those desperately seeking help for their loved ones on these platforms should not have their misery compounded through the actions of the State and its instrumentalities. Further, there are two more crucial reasons why such a clampdown on information sharing must be absolutely stopped immediately”.
Given the above discussion, it is submitted that all governments should welcome constructive criticism at this time. They should not discourage people from getting help on social media platforms. In a difficult time like this, people’s complaints, criticism, anguish, and anger provide valuable feedback to the policy-makers that must be used in urgently plugging the holes in the public health system, fixing accountability of negligent medical officers, and making self-introspection to learn from the mistakes and prepare for the future in a better manner. No popularly elected government can avoid criticism in a democracy. When people will die, they will cry and the government is duty-bound to protect people’s lives.
