Bin This Law: SC’s Rahul call reminds why we must decriminalize defamation

Source: The post is based on the article “Bin This Law: SC’s Rahul call reminds why we must decriminalize defamation” published in “Times of India” on 5th August 2023.

Syllabus: GS2- Structure, organization and functioning of the Executive and the Judiciary

News: Rahul Gandhi was convicted by a Surat court of criminal defamation and given a two-year sentence, disqualifying him from Lok Sabha. The Supreme Court (SC) later stayed this conviction. This article criticizes the defamation law as outdated and misused. It suggests this law should be removed.

About criminal defamation law

Read here: Criminal defamation in India – Explained, pointwise

Why did the Supreme Court put a stay on the Surat court’s order for Rahul Gandhi on criminal defamation?

The Supreme Court put a stay on the Surat court’s order for Rahul Gandhi on criminal defamation for these reasons:

Abuse of Defamation Provision: The Supreme Court observed that the defamation law had been misused in this case.

Maximum Sentence without Reason: The trial judge gave Rahul the maximum two-year sentence without explaining why.

Impact on Representation: Rahul’s two-year sentence disqualified him from Lok Sabha, affecting not just him but his entire constituency.

Colonial Nature of Law: The article mentions the defamation law as having a “colonial sting”, hinting that it’s outdated.

Ambiguous Wording: The law’s vague terms allow it to be used against various speech acts, from dissent to satire.

What should be done?

Review Defamation Law: The criminal defamation provision has been misused, suggesting a need for review.

Clear Sentencing Guidelines: Judges should provide clear reasons when giving maximum sentences.

Protect Representation: Ensure that legal decisions don’t unjustly affect entire constituencies.

Clarify Law Wording: Make defamation law clear to prevent misuse against dissent, humor, or satire.