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When it was passed by Parliament in 2008, the UPA's amendments to the IT Act prompted no discussion in either House, despite making sweeping changes in the cyber law framework. Four years later, however, its effects are being felt loud and clear.
The arrest of two women in Palghar for questioning the 'voluntary' bandh imposed in Mumbai following Bal Thackeray's death - one of whom simply hit the 'like' button on Facebook - has led to the genuine belief that India is no longer home to free speech, even the trivial sort.
Although the two women have been granted bail, the sight of them being arrested and marched to court alone was enough to convince many that political parties have now found a legal way to bully those who disagree with them.
Arrested over a Facebook post: Shaheen Dhada, centre, and Renu Srinivas, speak to media next to Shaheen's uncle Abdul Gafar Dhada
The fault lies squarely with the amendments made in 2008 and specifically with section 66A of the amended IT Act. This non-bailable section offers a maximum of three years of prison to anyone who sends "offensive" messages.
Under the section, anyone causing even "annoyance or inconvenience" can also be labelled a violator.
The section has repeatedly been used to suppress dissent since its passage, beginning with a Jadavpur University professor who was arrested for allegedly circulating a caricature of Trinamool Congress chief Mamata Bannerjee, which was then spread around on Facebook.
Earlier this year, it was again cited as a reason to arrest an industrialist for tweeting that Karti Chidambaram had amassed more wealth than Robert Vadra, the son-inlaw of Congress president Sonia Gandhi.
"66A is a black hole," said Pavan Duggal, an expert in cyber laws.
"It was drafted in very wide terms and is capable of distinctive interpretations, leaving a lot of discretion in the hands of the police," he added.
Maharashtra home minister R.R. Patil also pointed out at the ambiguity in the IT Act that led to the arrests.
"There is no clear definition about the IT rules. Everyone has his own interpretation. Such ambiguity leads to confusion," Patil said.
However, rather than blame the law for giving the police such a wide ambit, members of the UPA have pointed fingers at the police personnel who arrested the girls. Milind Deora, minister of state for communications and IT, sought to move the focus away from the law and instead on the Anger over draconion conduct of the authorities.
"Question isn't about amending 66A of the IT Act," Deora wrote in a post on Twitter. "It's about preventing misuse by the police, who clearly acted in haste and applied wrong sections of the IPC and IT Act."
Talking about the flaws in the Act, Duggal said the broad nature of section 66A means that it lends itself to abuse.
"It goes much beyond the parameters of restrictions of speech set out in Article 19 of the constitution," he said. "There was no need for the government to go in this direction."
Rather than leaving it to the 'better judgement' of individual policemen - who could be influenced by issues on the ground - Duggal said the only way to deal with the problem is to change the section itself.
Meanwhile, the government has ordered an inquiry. Sukhwinder Singh, special inspector general of the Konkan range will lead the probe. It is believed that the police bosses are unhappy with the decision of the police to arrest the girls.
"If further action needs to be taken the probe team will decide and send a report," Deven Bharti, IG (law and order), Maharashtra Police said.
Traumatised girls quit Facebook
After the tumultuous two days Shaheen Dhada and her friend Renu finally decided to break their silence over the traumatic incident that they had to go through along with their families. Seemingly under pressure and speaking only in monosyllables, Shaheen has not moved out of her house since she was released on bail.
Shaheen said: "I respect Balasaheb Thackeray a lot. And it was my point of view that I wanted to express. If I have angered other people through my view and other people do not like my view, I am sorry."
"I had casually put up the comments on Facebook. It was not done to hurt anyone's sentiments. However, now I will think twice before putting any updates on such websites," Shaheen added.
She has also deactivated her Facebook account. Later in the day, the 21-year-old said she has found from her friend that her account has been hacked by someone in California and that multiple accounts of her have been created. She has filed a complaint with the police about the matter.
Meanwhile, Shaheen's family refused to speak any further on whether the family members have been pressurised by the Shiv Sena.
Shaheen's friend Renu, who was also arrested and hauled up to the court by the police because she had 'liked' Shaheen's comment, said the incident has traumatised her so much that she has deactivated not just her Facebook account but also her Twitter account.
"I have already deactivated my account on Facebook and Twitter. My parents have had to face so many problems due to this incident. My father had to be at the police station till 2.30am. I have a job interview lined up next week and I am not sure whether I will get the job. My future is ruined because of this incident," said Renu.
Shaheen said she apologised for her post so that "peace and harmony is not disturbed".
"I did not get a warning call from anyone on Sunday evening asking me to delete the comments," claimed Shaheen on why she removed her comments after posting it.
She, however, said: "I don't think I will activate my Facebook account again."
Meanwhile, after facing flak for arresting the girls for a harmless remark, the police swung into action and arrested 10 people in connection with the incident.
"We have arrested 10 people so far in connection with the incident and we are looking for more people," SP Thane rural, Ravindra Sengaonkar said.
The 10 have been booked under sections 143 (unlawful assembly), 147 (rioting), 451 (trespass) and 333 (endangering safety of others) of the Indian Penal Code among other section.
The Sena, however, is unperturbed and has justified the arrests. Sena leader Sanjay Raut said it was because of such comments on social networking sites on Facebook and Twitter that there have been violent incidents in Mumbai in the past.
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