We should worry about use of defamation law, beyond Rahul Gandhi case

Source- The post is based on the article “We should worry about use of defamation law, beyond Rahul Gandhi case” published in “The Indian Express” on 4th April 2023.

Syllabus: GS2- India Polity

Relevance– Issues related to freedom of speech and expression

News– Recently, Rahul Gandhi was convicted for two years in a defamation case that led to his disqualification from Parliament.

How freedom of speech is under threat in India?

As per a recent report by Common Cause and Lokniti-CSDS, nearly two out of three respondents are scared to post their political or social opinions. They fear legal action.

Political parties continue to use the colonial era law as a weapon against their opponents and journalists.

What are legal aspects related to defamation?

The criminal offence of defamation is contained under Section 499 of the Indian Penal Code, 1860 and the civil law that provides for damages.

In 2016, the defamation law was challenged before the Supreme Court. But it held that the right to reputation is no less important than the right to freedom of speech.

What are the issues with legal aspects of defamation?

Civil defamation cases are prone to abuse. These cases are impacted by long case pendency in the judicial system and exaggerated claims for damages.

Civil law is scattered across judgments and not properly codified. This creates more uncertainty and results in the pendency.

Sometimes, a reluctant apology is extracted to achieve a settlement. This does not serve the cause of justice.

What are the reasons behind the continuation of defamation laws in the legal system?

There were no serious or sustained efforts towards the repeal of defamation laws. Sustained political advocacy on issues of free expression is absent.

Political parties across the spectrum have failed to articulate popular narratives. They have not built constituencies of support for the repeal of colonial laws.