Supreme Court Calls for Decriminalisation of Defamation Law

Apex Court weighs plea challenging criminal defamation summons, signals shift towards reforming outdated law

New DElhi : The Supreme Court on Tuesday indicated that it may be time to decriminalise defamation laws in India while hearing a plea by the Foundation for Independent Journalism seeking to quash summons issued in a criminal defamation case. The bench, comprising Justices M M Sundresh and Satish Chandra Sharma, issued notice to former JNU professor Amita Singh.

The plea challenges a trial court order that summoned the news portal The Wire and its political affairs editor, Ajoy Ashirwad Mahaprashasta, over a report published about the complainant. Justice Sundresh remarked orally, “I think time has come to decriminalise all this,” reflecting the court’s inclination to revisit the relevance of criminal defamation provisions in contemporary India.

The case stems from allegations that The Wire published a dossier intended to malign the professor’s reputation. This is the second round of litigation after the Delhi High Court in 2023 had initially quashed the summons, only for the Supreme Court to remand the matter for fresh consideration. The trial court subsequently reissued the summons, which was upheld by the High Court.

Legal experts note that the court’s observations could pave the way for broader reforms in India’s defamation laws, balancing freedom of speech with protection of reputation.

Supreme Court
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