Indian Law of Defamation: Issues and Challenges Regarding its Decriminalization

Abstract

The most-costliest property of a person in his/her life is his/her reputation or honour and any act affecting it is like as Gita provides “for a man of honour defamation is worse than death” is a bitter truth and absolutely correct statement. Currently, defamation is considered a criminal offense in India, which often leads to the restriction of free speech and the stifling of dissenting voices as well as punishment too. However, there have been growing calls to decriminalize defamation in order to afflict a balance between protecting “reputation” and upholding “the fundamental right to freedom of expression”. The dispute on the validity of “defamation” is on a rise because of Rahul Gandhi’s case. In this paper, the author tries to analyze the case laws that has been advanced around discussing of the legitimacy. It requires an examination of the development of the law in the contemporary field of defamation law. So, now-a-days, it has become very important to strike an equilibrium that allows people to express themselves freely without damaging self and others reputations. The Courts have also upheld the ideology that they have discretion to weigh common knowledge, historical context, and the state of affairs at the time of legislation while deciding whether or not a statute of legislation on any law is appropriate. This move would bring India in the line with international standards which is necessary now-a-days to promote a more democratic society like the other countries of the world.