AAP's Raghav Chadha to introduce Bill against defamation. What law says
What do Sections 499 and 500 of the Indian Penal Code (IPC), that deal with defamation, say? Find out here
Senior Aam Aadmi Party (AAP) leader and Rajya Sabha MP Raghav Chadha on Thursday said he will introduce the Decriminalisation of Defamation Bill, 2023, to repeal Sections 499 and 500 of the Indian Penal Code (IPC). This comes amid recent judgement by a Gujarat court against Congress MP Rahul Gandhi over a defamation case. He was given a two-year term for a speech he made in Karnataka ahead of the 2019 Lok Sabha election where he wondered how ‘all thieves have Modi as the common surname’.
“Criminal Defamation has become a tool to suppress the voice of the opposition, which holds the Govt accountable. Laws should ideally change with changing times. As an MP, I'm doing my bit and taking a step in that direction,” he said in a tweet.
Also read: 'Whatever Rahul Gandhi says...': BJP leaders on 'Modi surname' verdict
This is not the first time that a Bill seeking decriminalisation of defamation is going to be introducted. In 2017, then Biju Janata Dal (BJD) MP Tathagata Satpathy introducted the Right to Protection of Speech and Reputation Bill, under which he sought to repeal ‘substantive offence of defamation and its punishments, consolidate the civil law related to defamation, comprehensively provide for the protection of speech and reputation’. The Bill was introduced under the Private Members' Bill – introduced by legislators who are not the member of the executive branch. Chadha's Bill will also be introduced under similar category.
What are Sections 499 and 500 of IPC?
Section 499 of IPC defines the term ‘defamation’ which says, “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person”. Imputation of individuals, even deceased, association or organisation may subject to defamation.
Section 500 of IPC discusses the punishment under defamation charges. This includes an imprisonment term for two year, fine or both.
Defamation is an offence under both civil and the criminal law as it is also covered under the Law of Torts, under which a person who has been defamed can move high court or the Supreme Court.
Is Defamation a relic of colonial past?
Ensuring the interest of the British Raj, the law was first introduced by Thomas Babington Macaulay, who formed the IPC, in 1837 in a principal draft. It was later codified in 1860. The law remained unaltered ever since. In 1988, then Prime Minister Rajiv Gandhi tried to widen the definition of law through the Defamation Bill by shifting the burden of proof to the accused from the aggrieved. The Bill was withdrawn following the nationwide protest by the newspaper industry.
What now for Rahul Gandhi?
An elected representative sentenced for any offence for two years or more faces immediate disqualification under the Representation of Peoples Act, 1951.
A provision that granted three months' protection from disqualification was struck down in 2013 as 'ultra vires' by the Supreme Court in the Lily Thomas case. In Gandhi's case, the court that found him guilty suspended its sentence for 30 days - on request - to give him a chance to challenge its decision.
This means the disqualification will kick in a month later, unless Gandhi can get a stay on the conviction (and sentence) from another court.
Rahul Gandhi cannot approach the Gujarat High Court or Supreme Court at this time since this is a criminal case, but a third party could - on grounds the procedure and manner of the Surat court's ruling hurt the larger public interest.