Sunday 15 May 2016

Freedom of expression or mindless chatter?

".....the Supreme Court Friday said that “right to free speech cannot mean that a citizen can defame the other”.
A bench of Justices Dipak Misra and P C Pant approved the Constitutional validity of sections 499 and 500 (criminal defamation) in the Indian Penal Code, underlining that an individual’s fundamental right to live with dignity and reputation “cannot be sullied solely because another individual can have his freedom”.
A couple of days ago a lady poached into my son's fb account and left some unsavoury remarks on his posts. We could not understand who she was and her purpose for defaming and slandering us, till we went to her account and found her identity. I got upset about some comments where she directly accused me of certain things. It was apalling, to say the least. I posted a message on my fb page and addressed it to her by name. All my friends may have read it. You all must have read her reply/ies too. And you must have gone through my final post to her. She is relentless and has been posting some very poisonous comments on my son's fb account. 
The internet is a boon in all ways. However, the easy accesibility and navigational ways can sometimes be a curse. See how easily this woman has been poaching on us, going through our fb, blogs; hijacking friends from our list. She has called me a cheat, liar, hypocrite and also hinted at my character and God knows what else. Does this amount to defamation or no? 
All this because our case has been restored, which had been surreptiously dismissed without even letting us know, while we were still living in Delhi. I had a very simple question for the legal system, but the crafty lawyer wrote what he had to write saying these are legal languages which I would not understand. I still have the same simple question - Is the certified deed of settlement in my name legal and binding? Do the words "streedhon" and "irrevocable" hold any water? The lawyers and the court continued the case from 2006, our lawyer suddenly called up to say he does not want to fight my case. My son came down to Calcutta to collect the papers. Later I came to Calcutta, found a lawyer and came to know my previous lawyer had no representation done in 90 percent of the dates given by the court. I went back to Delhi and when we came to Calcutta for good in 2012 end, we cooled our heels till the Calcutta courts opened after a long holiday. Surprise! The case had been dismissed and we were not even aware. We have been trying to restore the case from 2013 and now a couple of days earlier we have been told it has been restored by the court. It is cheering but at what cost!
The opponent, mainly Rooma De, is using her younger brother's daughter-in-law to call me names, slander my credibility on a public forum. Rooma is a master in spreading rumours, threatening indirectly, slandering people through third parties. Now she has found a nice tool, who is computer savvy and willing to bite more than she can chew. It is sheer desperation.
I should have been wiser and ignored this young lady's comments from the beginning. I made a mistake.    
I am sharing this blog on fb as I know my fb friends must have had a rude shock when they saw the comments and posts. I do not need to explain myself or defend myself to anyone, yet I owe this much to my longstanding friends. Washing dirty laundry in public is not exactly my style. Unfortunate. 
The only thing that keeps coming back - is where and who decides the bar has been crossed as far the supreme court ruling on defamation is concerned. Or is this all mindless chatter, meaningless noise made by desperate humans?  

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