Criminal defamation, vandalism of public property: What Law Commission recommends
Right to reputation flows from Article 21 of the Constitution, the Law Commission said.
The Law Commission is of the view that criminal defamation should be retained within the scheme of criminal laws in India as the right to reputation has been guaranteed in the Constitution. In its report on the law on criminal defamation, the panel said that it is important to keep in mind that the right to reputation flows from Article 21 of the Constitution, and being a facet of right to life and personal liberty, it needs to be "adequately protected" against defamatory speech and imputations.
"Reputation is something which can't be seen and can only be earned. It's an asset which is built in a lifetime and destroyed in seconds. The whole jurisprudence around the law on criminal defamation has the essence of protecting one's reputation and its facets," PTI reported citing the Law Commission's report.
The Law Commission is also likely to recommend that people who are involved in damaging public property may get bail only after depositing money equivalent to the loss caused by them.
The PTI report said the the commission will be recommending changes in the Prevention of Damage to Public Property Act -- to make room for stringent bail provisions for those involved in damaging public property.
There was a feeling that if people involved in damaging public property pay the amount equivalent to the value of the asset destroyed, it would deter others from resorting to such actions.
Law Commission of India is a non-statutory body and was constituted by a notification of the Government of India, law ministry, department of legal Affairs with definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.
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