Supreme Court hints at decriminalising defamation, signals possible legal reform
PTC Web Desk: The Supreme Court on Monday indicated that it may be time to decriminalise defamation, according to legal news portal Bar and Bench. This marks a notable shift from the court's 2016 ruling, which upheld the constitutionality of criminal defamation, asserting that the right to reputation is protected under Article 21 of the Constitution as part of the fundamental right to life and dignity.
In the 2016 judgment, the Supreme Court upheld Section 499 of the Indian Penal Code (IPC), which has since been replaced by Section 356 of the Bharatiya Nyaya Sanhita.
The Supreme Court’s remarks came while hearing a plea challenging a magistrate-issued summons, later upheld by the Delhi High Court, against the online news portal The Wire. The case was filed by a Jawaharlal Nehru University (JNU) professor under criminal defamation laws after a 2016 article alleged the professor’s involvement in compiling a controversial 200-page dossier titled “Jawaharlal Nehru University: The Den of Secessionism and Terrorism”, which accused JNU of being a "den of organised sex racket."
During the hearing, Justice MM Sundresh observed, "I think time has come to decriminalise all this..." Senior Advocate Kapil Sibal, representing The Wire, supported the Court's observation, highlighting the need for reform in criminal defamation laws.
Currently, defamation remains a criminal offence under Section 356 of the Bharatiya Nyaya Sanhita, which replaced the earlier Section 499 of the IPC. In the landmark Subramanian Swamy vs Union of India case in 2016, the Supreme Court had upheld criminal defamation, ruling it as a reasonable restriction on free speech under Article 19 and an essential aspect of the right to life and liberty.
- With inputs from agencies
