The Assam government’s arrest spree targeting individuals accused of making “pro-Pakistan” or “anti-national” comments online has ignited a nationwide debate over the limits of free speech and the scope of state power.
Since the June 18 terror attack in Pahalgam, which claimed the lives of Indian soldiers, over two dozen arrests have been made across Assam. The accused are mostly young men, many in their teens, who allegedly posted pro-Pakistan slogans, memes, or made critical remarks against India and the majority faith.
The crackdown has drawn support from sections of the public but also triggered concern among legal scholars, civil liberties advocates, and digital rights groups.
CM Himanta backs strict action
Assam Chief Minister Himanta Biswa Sarma defended the action, saying it was necessary to preserve national integrity.
“We will not tolerate any kind of anti-India rhetoric—online or offline. Those celebrating terrorism or insulting our soldiers will face legal consequences,” the CM said on Sunday.
The state police, he added, is using cyber monitoring tools to detect such posts in real time.
Legal experts express alarm over social media post
However, constitutional law experts question the use of sedition, anti-terror laws, and sections of the IT Act in these cases.
Senior advocate Anindita Goswami, based in Guwahati, said:
“Freedom of expression is a fundamental right under Article 19(1)(a). Unless a post incites actual violence or poses a clear threat to public order, criminal prosecution is excessive.”
She added that Section 124A (sedition) of the IPC, though under review, continues to be used in Assam to criminalise speech that is merely unpopular or offensive.
Digital rights groups cite pattern
The Internet Freedom Foundation (IFF) also raised red flags, noting a pattern in Assam’s digital policing.
According to IFF data, Assam ranks among the top five Indian states in social media-related arrests over the past two years.
In its recent report, the group said that such arrests often lack due process, and bail is delayed.
“People—especially students—are being booked under non-bailable charges for posts that may be offensive, but not criminal under existing jurisprudence,” said Tanmay Singh, legal director at IFF.
Critics warn of chilling effect of social media post
Civil society groups argue the current crackdown may discourage political dissent and legitimate criticism of government policies.
Assam Pradesh Congress Committee (APCC) spokesperson Manjit Mahanta accused the BJP-led government of “weaponising nationalism”.
“This is not about security. It’s about creating fear and curbing dissent. Many of these youth are being arrested without a warrant,” he said.
Mahanta added that the government must distinguish between criticism and criminality, or risk setting a dangerous precedent.
Police defend legal basis
The Assam Police, however, insists it is acting within legal bounds.
ADGP (Law and Order) Hiren Nath said that all arrests were made after preliminary verification. Further, and that the accused had knowingly promoted content glorifying terrorism or mocking national security.
“We are only acting against those spreading hatred or inciting violence—not against free speech,” Nath said.
Call for guidelines
Legal experts are now calling for clearer guidelines on how police and courts interpret online speech.
The Supreme Court in the past has ruled that offensive speech is not automatically illegal unless it leads to imminent lawless action.
Advocate Goswami added:
“We need digital literacy and civic education—not mass arrests—if the goal is truly national unity.”
Internet Freedom Foundation on digital rights in India
Call to Action:
As Assam continues its crackdown, the need for a balance between national security and civil liberties becomes ever more urgent. Citizens and lawmakers must engage in this conversation before the digital space turns into a monitored battlefield.
