What Happened?
- Justice M.M. Sundresh (SC) suggested time has come to decriminalise defamation.
- This comes despite the 2016 Subramanian Swamy v. Union of India case, where SC upheld criminal defamation as a reasonable restriction on free speech under Article 19(2).
- Multiple cases (Rahul Gandhi, Shashi Tharoor, The Wire) highlight how criminal defamation is used for political and personal vendettas.
Relevance
- GS2 (Polity & Governance): Fundamental Rights (Art. 19, 21), Reasonable restrictions, Judiciary.
- GS2 (Governance): Media freedom, political accountability.
Context & Background
- Defamation in India:
- Civil defamation → monetary compensation.
- Criminal defamation → IPC Sections 499–500; up to 2 years imprisonment.
- 2016 SC ruling: Reputation is part of Article 21 (Right to Life) → justified criminal defamation as protecting “social interest.”
- Current debate: misuse by political actors and private individuals → clogs judiciary, chills free speech.
Constitutional / Legal Angle
- Article 19(1)(a): Freedom of speech & expression.
- Article 19(2): Allows reasonable restrictions (defamation included).
- Article 21: Reputation as part of life and dignity.
- Conflict: Balancing free speech vs right to reputation.
Data & Reports
- Law Commission (267th Report, 2017): Recommended retaining criminal defamation but ensuring safeguards.
- Global practice: Many democracies (UK, USA) have abolished or rarely use criminal defamation; rely on civil remedies.
- India: NCRB data → thousands of pending defamation cases clogging trial courts.
Multi-Dimensional Analysis
- Political: Criminal defamation often used by ruling/ opposition parties to harass opponents.
- Social: Journalists, activists, comedians face silencing effect (“chilling effect”).
- Legal: Re-examination needed—SC itself staying summons in many cases shows inconsistency.
- International: UNHRC & international bodies recommend decriminalisation to protect free speech.
Arguments & Counter-Arguments
- For decriminalisation:
- Misused as a political weapon.
- Freedom of press & democracy require robust protection.
- Civil law sufficient for protecting reputation.
- Against decriminalisation:
- Reputation is fundamental right (Article 21).
- Civil defamation remedies (monetary) insufficient, especially for marginalized individuals.
- Fear of misuse of free speech without deterrence.
Way Forward
- Balanced approach:
- Retain defamation as civil liability.
- Decriminalise or narrow criminal defamation (only for national security/communal harmony).
- Ensure faster disposal of defamation cases to protect reputation without stifling dissent.
- Way forward: Law Commission re-examination, Parliamentary debate, harmonisation with global democratic practices.
Defamation in India – Value Addition
Definition
- Defamation = Injury to a person’s reputation through words (spoken/written), signs, or representations.
- Types in India:
- Civil Defamation → tort (private wrong).
- Criminal Defamation → offence under IPC.
Civil Defamation
- Nature: Private wrong → individual remedies.
- Legal Basis: No codified statute; governed by common law principles of tort.
- Standard: Plaintiff must prove → false statement + publication + harm to reputation.
- Remedies:
- Monetary damages (compensation).
- Injunctions (to stop further publication).
- Burden of Proof: On plaintiff (balance of probabilities).
Criminal Defamation
- Nature: Public wrong → affects society at large.
- Legal Basis: IPC Sections 499–500.
- Section 499 IPC: Defines criminal defamation (with 10 exceptions).
- Section 500 IPC: Punishment → up to 2 years imprisonment or fine or both.
- Burden of Proof: Higher → “beyond reasonable doubt”.
- Examples of Exceptions (Sec. 499):
- Truth for public good.
- Fair comment on public conduct of public servants.
- Reporting of court proceedings.
- Literary/artistic criticism.
Judicial Stand
- Subramanian Swamy v. Union of India (2016):
- SC upheld criminal defamation → reputation = part of Article 21.
- Criminal defamation = reasonable restriction under Article 19(2).
- Recent SC Observations (2025): Growing misuse → suggested decriminalisation.
- Imran Pratapgarhi case (2025): “Defamation must be judged from standards of reasonable, strong-minded men, not touchy individuals.”
Global Perspective
- Abolished/Decriminalised: UK (2009), USA (only civil), Ghana, Sri Lanka (partially).
- India: Among few democracies retaining criminal defamation.
