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സൈബർ ശല്യം - എന്ത് ചെയ്യണമെന്ന് പോലീസ് സർക്കുലർ - Kerala Police Circular to act against cyber harassment and hate speech

സൈബർ ശല്യം - എന്ത് ചെയ്യണമെന്ന് പോലീസ് സർക്കുലർ 

ആശയ വിനിമയ സ്വാതന്ത്ര്യം മൗലികാവകാശമാണ്. പക്ഷേ ആ സ്വാതന്ത്ര്യം അന്യരുടെ മൂക്കിൻ തുമ്പ് വരെ മാത്രമേ അവകാശം ആയുള്ളൂ എന്നതിനർത്ഥം അപരന് ശല്യമാകുന്ന സ്വാതന്ത്ര്യം അനുവദനീയമല്ല എന്ന്ത് തന്നെ. ഒരുകാലത്ത് ഇത്തരം ശല്യങ്ങൾ പൊലീസിനെ നേരിട്ട് കേസെടുക്കുന്ന ക്രിമിനൽ കുറ്റമായിരുന്നു. പിന്നീട് സുപ്രീംകോടതി ഇടപെട്ട് ഇൻഫർമേഷൻ ടെക്നോളജി നിയമത്തിലെ വകുപ്പ് 66A, കേരള പോലീസ് നിയമത്തിലെ വകുപ്പ് 118 (d) എന്നിവ റദ്ദാക്കിയപ്പോൾ (ശ്രേയ സിംഗാൾ കേസ്) ഇത്തരം വിഷയങ്ങളിൽ പോലീസിന് പഴയപോലെ കേസ് എടുക്കാൻ പറ്റാത്ത സാഹചര്യം ആയി. എന്നിരുന്നാലും ഇന്ന് സൈബർ മേഖലയിൽ വർധിച്ചുവരുന്ന വ്യക്തിഹത്യയും സ്പർദ്ധ വളർത്തുന്ന സന്ദേശങ്ങളും തടയുന്നതിന് നിതാന്ത ജാഗ്രത പുലർത്തി കേരള പോലീസ് സർക്കുലർ പുറപ്പെടുവിച്ചിട്ടുണ്ട്. ED(4/2019-7/2/19) 


ഏതൊക്കെ വിഷയങ്ങളിൽ പോലീസ് ഇടപെടും


സൈബർ മേഖലയിലെ സന്ദേശങ്ങളിൽ കുറ്റകൃത്യം നടത്താനുള്ള ഉദ്ദേശം വെളിപ്പെടുക, വർഗീയ വികാരങ്ങൾ ഇളക്കി വിടുക, രാജ്യസുരക്ഷയും രാഷ്ട്രങ്ങൾ തമ്മിലുള്ള സൗഹൃദത്തിനും ഭംഗം വരുത്തുന്ന രീതിയിലുള്ള സന്ദേശങ്ങൾ പ്രചരിപ്പിക്കുക, അശ്ലീല സന്ദേശങ്ങൾ എന്നീ ഘട്ടങ്ങളിൽ പോലീസ് നേരിട്ട് കേസെടുക്കും. കുറ്റക്കാരനെങ്കിൽ അറസ്റ്റും ഉണ്ടാകും. 


വ്യക്തിഹത്യയും മാനഹാനിയും 


പോലീസിനെ നേരിട്ട് കേസെടുക്കുന്ന കുറ്റകൃത്യങ്ങളുടെ പട്ടികയിൽ വരുന്നില്ലെങ്കിലും മറ്റൊരാളെ മാനസികമായി തകർക്കുന്നതിനും കളിയാക്കുന്ന അതിനും അവരുടെ വ്യക്തി ജീവിതത്തിൽ ഇടപെടുന്നതിനും സാമൂഹിക മാധ്യമങ്ങൾ ഉപയോഗിക്കുന്നവരെ നേരിടുന്നതിനും പോലീസ് സന്നദ്ധമാണ്. മുൻപ് സൂചിപ്പിച്ച ശ്രേയ സിംഗാൾ കേസിനുശേഷം ഇത്തരം കാര്യങ്ങളിൽ പോലീസിന് ക്രിമിനൽ കേസ് നേരിട്ട് എടുക്കാൻ സാധിക്കില്ല. പകരം നിയമനിർമാണം ഇതുവരെ നടത്തിയിട്ടുമില്ല. മാനഹാനി കേസുകളുമായി നേരിട്ട് കോടതിയെ സമീപിക്കുക എന്നുള്ളത് എല്ലാവർക്കും പ്രായോഗികവുമല്ല. ഇത്തരം സാഹചര്യങ്ങളിൽ കൂടുതൽ കുറ്റകൃത്യങ്ങൾ തടയാൻ പോലീസ് ഇടപെടൽ അത്യാവശ്യമാണ് എന്നതിനാൽ അത്തരം പരാതികൾ എല്ലാം പോലീസ് സ്റ്റേഷനിൽ 'പെറ്റീഷൻ' ആയി സ്വീകരിക്കണമെന്നും അന്വേഷണം നടത്തണമെന്നും നിർദേശം നൽകിയിട്ടുണ്ട്. കുറ്റക്കാരെ കണ്ടെത്തി പോലീസ് സ്റ്റേഷനിൽ വിളിച്ചുവരുത്തുകയും ഭവിഷ്യത്തുകളെക്കുറിച്ച് ബോധവാൻമാരാക്കുകയും ചെയ്യണം. അത്തരം അന്വേഷണത്തിന് ഭാഗമായി എന്തെങ്കിലും ക്രിമിനൽ കുറ്റമൊ ഉദ്ദേശമോ ശ്രദ്ധയിൽപ്പെട്ടാൽ താമസം വരുത്താതെ കേസ് രജിസ്റ്റർ ചെയ്യുകയും വേണം. അല്ലാതെ സാഹചര്യങ്ങളിൽ മേലിൽ ശല്യം ആവർത്തിക്കാതിരിക്കുക തരത്തിൽ തീരുമാനങ്ങളിൽ എത്തിക്കണം. ചുരുക്കത്തിൽ പ്രഥമ ദൃഷ്ടിയാ പോലീസിന് കേസെടുക്കുന്ന സംഭവങ്ങൾ ആണെങ്കിൽ കൂടിയും സൈബർ ശല്യം സംബന്ധിച്ച പരാതികൾ പെറ്റീഷൻ ആയി കണക്കിലെടുത്ത് നടപടികൾ കൈക്കൊള്ളണമെന്നാണ് കേരള പോലീസ് മേധാവി പോലീസ് സ്റ്റേഷൻ ഓഫീസർമാർക്ക് നൽകിയിരിക്കുന്ന നിർദ്ദേശം. 


|Adv Sherry J Thomas|
|sherryjthomas@gmail.com|
|9447200500| 

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