The Debate on Decriminalising Defamation: A Re-examination of Free Speech vs. Reputation
UPSC Relevance
Prelims: Indian Polity and Governance (Fundamental Rights - Article 19, Article 21; Judiciary; Key Legislations - IPC/BNS).
Mains:
General Studies Paper 2 (Polity & Governance): Indian Constitution—significant provisions and basic structure; Fundamental Rights; Separation of powers; Structure, organization and functioning of the Judiciary. The balance between fundamental rights is a core Mains topic.
General Studies Paper 4 (Ethics): Ethical dimensions of free speech; Probity in Governance.
Essay: Topics on Freedom of Speech, Democracy, and the role of dissent.
Key Highlights from the News
Supreme Court Justice M.M. Sundresh verbally observed that it's time to decriminalise defamation.
The court expressed concern about the widespread misuse of criminal defamation law by individuals and political parties to settle political scores and silence critics.
In the landmark 2016 case, Subramanian Swamy vs Union of India, the Supreme Court upheld the constitutional validity of criminal defamation law.
The judgment at the time stated it was a "reasonable restriction" on the right to free speech - Article 19(1)(a).
However, this new observation by the court reopens the debate on the issue.
The main question is whether defaming another person should be seen as a 'crime' against society or considered solely as a civil case.
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