The Supreme Court on Thursday upheld the constitutional validity of penal laws on defamation, dismissing petitions that challenged the criminal provisions in India, PTI reported. Under sections 499 and 500 of the Indian Penal Code, journalists and media houses can be charged for their reportage. As many as 24 separate parties had filed pleas, claiming that these provisions violated the fundamental right to free speech.
The apex court directed magistrates across the country to “observe extreme caution while issuing summons in private defamation complaints”. “Mutual respect to each other is required to maintain the constitutional values that ensure the dignity of any individual,” the court said, adding that the right to life included the right to reputation.
Sections 499 and 500 of the IPC criminalise defamation, which includes “words either spoken or intended to be read”, as well as signs or visible representations that are published or in the public domain. Violating these sections can earn an individual a two-year jail term, or a fine, or both.
Bharatiya Janata Party leader and newly-sworn in Rajya Sabha member Subramanian Swamy was the first to approach the top court in the matter in 2014. Congress Vice President Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal, Greenpeace activist Priya Pillai, journalist Rajdeep Sardesai and television channel News18 are among others who filed petitions in the matter. The Supreme Court said it was open to the petitioners moving the high court against the order within eight weeks, saying until then, interim protection will continue to be provided and criminal proceedings will remain stayed before a trial court.
The verdict comes at a time when the country has seen a rise in dissenting voices being silenced and citizens being jailed for expressing their opinions on social media. It provides clarity on Article 19 of the Constitution, which protects free speech and allows reasonable restriction on the grounds of defamation.
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