- Indubitably, the popular adage that we all must move ahead with the changing times holds for eternity. At the cost of sounding clichéd, the only permanent and constant aspect in our daily lives is change. Indeed, the dynamic nature of change is always accepted with both arms held open by humanity since time immemorial. As humanity encounters changes passed down from generation to generation, what once seemed relevant, indispensable, and seminal will eventually become anachronistic, having no place to sustain its existence anymore. As the popular saying goes, we must be prepared to embrace change and usher in new initiatives in line with current-day requirements. Adaptability is the key here. And it applies to the law of the land, too.
PC: Live Law
- As you are aware, successive governments have always endeavored to usher in measures to weed out certain laws promulgated over the decades that no longer continue to remain relevant in the altered modern-day world. I am referring to decriminalizing defamation law, and the time is ripe now to seriously make efforts in this direction. The moot point to ponder over here is who will pick up the cudgel first, the Supreme Court or the Parliament. For the uninitiated, defamation laws drafted by the British Raj in the 1830s, designed for ruling over a colonized people, continue to suppress dissent and torment free speech in the thrillingly polyphonic India of 2025. This just doesn’t make any sense. We must move on rather than be stuck in obsolete practices.
PC: The Week
- And the SC couldn’t be more right in observing that it is time to decriminalize all this. Yes, the court itself passed on a chance to do this a decade ago. Also, yes, several times in the years since it has come to the rescue of persons oppressed by frivolous to mala fide FIRs. Its various judgments have by now concertedly built such a strong case for reforming criminal defamation that this, paradoxically, need no longer depend on SC alone. Consider how the Union Government has been on a mission to decriminalize sundry laws, to improve both the ease of doing business and ease of living. For instance, the Jan Vishwas 2.0 Bill introduced in the Lok Sabha in the monsoon session, which is now with the select committee, seeks to decriminalize or rationalize more offences.
PC: Newslaundry
- In a logical sequel, Parliament should also decriminalize criminal defamation, rebadged BNS Section 356. Ironically, the reasoning is just the same as that used by the erstwhile colonialists for their 2009 reform. The UK came to see the continued retention of criminal defamation as putting it in the company of the world’s most repressive regimes, where it takes bravery to criticize powerful institutions and people. Some know political personalities’ disqualifications show how criminal defamation can distort representative democracy itself. In another case, a court found criminal defamation being used as a sword against women’s rights. In multiple cases, the provision is clearly targeted at repressing journalistic expression. The defamation law should go forthwith.
