Centre may not favour removal of criminal defamation from IPC

The Centre may not favour removal of criminal defamation from the statute book setting the stage for perfect legal combat in the Supreme Court ahead of the hearing of a bunch of petitions challenging the defamation provisions contained in Section 499 and 500 in the Indian Penal Code.On Wednesday, the Court directed Centre to give its response on the issue by July 11 and asked the Attorney General Mukul Rohatgi representing Union Government to argue the case on July 14. 

Sources in the law Ministry said that the Government affidavit will argue in favour of retaining the defamation proceedings in the IPC. According to them, criminal defamation provides necessary deterrent and a remedy to keep false accusations, motivated campaigns and calumny caused to individuals under check and should not be seen only as a tool to harass individuals from exercising free speech.

Rohatgi felt that since the issue required consideration of various aspects including right to free speech under Article 19(1)(a) and 19(2), it would be appropriate for a five-judge Bench to decide the issue.The Bench of Justices Dipak Misra and Prafulla C Pant told Rohatgi that even this aspect could be gone into while determining the main issues in the petitions. The Court noted that the petitioners who include BJP leader Subramanian Swamy, Congress Vice-President Rahul Gandhi and Delhi Chief Minister Arvind Kejriwal among others had referred to several countries where criminal defamation had been abolished. 

The Court asked Rohatgi, “whether abolition of such a criminal action in other countries can really have any impact or effect when this Court adjudges or decides the constitutional validity of a statutory provision, regard being had to our written, controlled and organic Constitution.”The Court has appointed two amicus curiae in the case - senior advocates K Parasaran and TR Andhyarujina, who have differing viewpoints on continuing with criminal defamation law. Defamation has two aspects- civil and criminal. Under civil defamation, the aggrieved person can seek damages by way of monetary costs. While criminal defamation under Section 499 carries with it a punishment upto two years in prison.