Decriminalising Defamation

Context:

A Supreme Court judge highlighted the misuse of criminal defamation law by private individuals and political parties, suggesting the need to decriminalise it.

Criminal Defamation in India:

Covered under Sections 499–500 of the Indian Penal Code (IPC).
Punishable with imprisonment of up to two years, or fine, or both.
Objective: Protects individual reputation, considered part of the fundamental right to life (Article 21).

Balancing Free Speech and Reputation:

Article 19(1)(a): Right to freedom of speech and expression.
Reasonable Restrictions: Section 499 deemed a “reasonable restriction” on free speech by Subramanian Swamy vs. Union of India (2016).
Courts now recognise potential misuse for settling personal or political scores rather than public interest.

Recent Judicial Trends:

SC has stayed multiple criminal defamation proceedings (e.g., Rahul Gandhi, Shashi Tharoor) emphasizing freedom of speech and public interest.
March 2025 Imran Pratapgarhi case judgment: Defamation claims must be judged from standards of strong-minded, reasonable individuals, not overly sensitive persons.

Controversy & Reform Debate:

Misuse by political actors, private citizens, and activists has prompted discussion on decriminalising defamation, leaving it as a civil matter instead.
Potential benefits: Reduces frivolous litigation, protects democratic discourse, prevents intimidation of journalists and dissenters.

Secularism in Public Events

Polity & Governance

Rising Global Ayurveda

Science & Technology

Clean Plant Revolution

Economy Agriculture

Tripura Sundari Tourism

Art and culture

SPARSH Defence Pension

Polity & Governance Scheme

GST 2.0 Rate Rationalisation

Economy