The Supreme Court on Monday observed that the time has come to decriminalise defamation, marking a significant shift from its 2016 ruling that upheld the constitutional validity of criminal defamation laws. The 2016 judgment had held that the right to reputation falls under the fundamental right to life and dignity under Article 21 of the Constitution.
The Court made the remark while hearing a plea challenging a summons issued to The Wire in a criminal defamation case filed by a JNU professor. The case stemmed from a 2016 news article alleging the professor’s involvement in compiling a controversial 200-page dossier titled “Jawaharlal Nehru University: The Den of Secessionism and Terrorism”, which called JNU a “den of organised sex racket.”
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
During the hearing, Justice MM Sundresh noted, “I think time has come to decriminalise all this…,” a sentiment supported by Senior Advocate Kapil Sibal, representing The Wire.
Defamation in India remains a criminal offence under Section 356 of the Bharatiya Nyaya Sanhita, which replaced Section 499 of the IPC. The 2016 Subramanian Swamy vs Union of India case had upheld criminal defamation as a reasonable restriction on freedom of speech under Article 19, emphasizing the protection of reputation as part of the right to life and liberty.
