“Criminalization of Defamation acts as a Handcuff on the Freedom of Speech and expression”; Aravind Datar [Read the Written Submission]

Mr. Arvind Datar, appearing for Delhi Chief Minister Arvind Kejriwal before the Supreme Court in his petition challenging the constitutionality of the defamation provisions in the Indian Penal Code, has contended in his written submissions filed in Court- a copy of which has been seen by “Live Law”- that Sections 499 and 500 IPC and the procedure for prosecution under Section 199 Code. Mr. Arvind Datar, appearing for Delhi Chief Minister Arvind Kejriwal before the Supreme Court in his petition challenging the constitutionality of the defamation provisions in the Indian Penal Code, has contended in his written submissions filed in Court- a copy of which has been seen by “Live Law”- that Sections 499 and 500 IPC and the procedure for prosecution under Section 199 Code of Criminal Procedure do not constitute a reasonable restriction on the freedom of speech under Article 19 of the Constitution of India. It has been contended, placing reliance on the dictum laid down by the Apex Court in the R Rajagopal case that the substantive standards under the common law of defamation which placed the burden of establishing truth on the defendant and made no room for errors of fact were inconsistent with the freedom of speech and expression under Article 19 and not saved by Article 19.It has been contended that even as the civil law of defamation has been modified to bring it into conformity with Article 19 by recognizing the need to prove “actual malice”, the criminal law recognizes the very same substantive standards found unreasonable in Rajagopal thereby creating an anomalous situation. Mr. Datar concluding his written submissions has stated that criminalization of defamation acts as a handcuff on the freedom of speech and expression under Article 19 and should be declared null and void.