Why Supreme Court said it is 'time to decriminalize defamation'
What's the story
The Supreme Court has suggested that it may be time to decriminalize defamation while hearing a case involving news portal The Wire. The case was filed by Jawaharlal Nehru University (JNU) professor Amita Singh against The Wire over an article published by the news portal in 2016 titled Dossier Call JNU 'Den of Organized Sex Racket'; Students, Professors Allege Hate Campaign. Justice MM Sundresh and Justice Satish Chandra Sharma were hearing the matter when they made the observation.
Case background
What is the case about?
The Wire's report alleged that Singh led a group of JNU teachers who prepared a 200-page dossier calling the university a "den of organized sex racket." The dossier was submitted to the JNU administration and accused some teachers of promoting a decadent culture by legitimizing separatist movements. In 2016, Singh filed a criminal defamation case against The Wire and its reporter over this report.
Court proceedings
SC issues notice in The Wire matter
The case has been pending for a long time, with the Supreme Court questioning its delay. Justice Sundresh on Monday asked, "How long will you go on dragging this?" Senior Advocate Kapil Sibal, representing The Wire, highlighted another similar case involving Rahul Gandhi. The court then issued a notice in the present matter involving The Wire.
Legal challenge
Challenge against defamation summons
The Foundation for Independent Journalism, which runs The Wire, has challenged the summons issued to The Wire in the defamation case. The challenge is against Section 356 of the Bharatiya Nyaya Sanhita, which criminalizes defamation. This section replaced Section 499 of the Indian Penal Code (IPC), making India one of the few democracies where defamation is a criminal offense.
Legal perspective
SC had upheld constitutionality of IPC Section 499 in 2016
The Supreme Court had earlier upheld the constitutionality of Section 499 of the IPC in 2016. This was after politicians like Subramanian Swamy, Rahul Gandhi, and Arvind Kejriwal challenged the provision's constitutionality. However, during Monday's hearing, Justice Sundresh suggested that "time has come to decriminalize all this," a sentiment Sibal also agreed with.