Defamation law is just political tool

The Chief Minister’s statement that he intends to enact a ‘prove or perish Act’ has reminded several lawyers of the Rajiv Gandhi government’s attempt to bring in the Defamation Bill in 1988. The Bill was aimed at reining in newspapers but had to be withdrawn in the face of a defiant media and criticism from a cross section of society.

Lawyers say the Telangana Chief Minister’s proposed legislation goes against the global trend of decriminalising defamation. Several political leaders in India, including Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal and politician Subramanian Swamy, have been calling for decriminalisation of the outdated defamation law.

They do so on the grounds that the criminal defamation law has an inhibitive effect on freedom of speech and expression, particularly political speech.

Criminal lawyer Mallesh Rao points out that the Supreme Court has in the

THE CRIMINAL defamation law has an inhibitive effect on freedom of speech and expression, particularly political speech.

POLITICAL leaders allege that ruling governments have been invoking these provisions against political opponents. recent past turned down a clutch of petitions, including those of Subramanian Swamy and Rahul Gandhi, challenging provisions of criminal defamation under the Indian Penal Code.

The Supreme Court has ruled that Sections 499 and 500 of the IPC are valid and do not violate the Constitution.

He said that despite the Supreme Court’s ruling upholding the penal provisions of criminal defamation, the resentment against the provisions is picking up among political leaders who allege that ruling governments have been invoking these provisions against their political opponents.