Criminal defamation: A noxious colonial law and its subversive effects
1 year, 11 months ago

Criminal defamation: A noxious colonial law and its subversive effects

The Hindu  

Published : Apr 05, 2023 12:56 IST - 13 MINS READ From the standpoint of democracy as well as justice, the conviction, sentencing, and quick-fire disqualification of Rahul Gandhi as a Member of Parliament have exposed, as never before, the toxic and subversive nature of the Indian republic’s colonial-era law of criminal defamation1, the damaging effects of a flawed decision of the Supreme Court of India on disqualification of sitting members of a legislature2, and naked authoritarianism, the three combining to make a dystopia come true. But three days after the speech was given, Purnesh Ishvarbhai Modi, a BJP MLA and former Gujarat Minister who was not even remotely in the picture, filed a complaint in the court of the Chief Judicial Magistrate in Surat against Rahul Gandhi for criminal defamation, claiming that the entire “Modi community” had been defamed and that his reputation had suffered grievously. Unfortunately, when a promising opportunity arose and some of India’s best legal minds advanced a battery of persuasive arguments challenging the constitutionality of the law of criminal defamation, the Supreme Court bench comprising Justices Dipak Misra and Prafulla C. Pant failed completely to appreciate the free speech, liberty, and equality issues at stake, falling back instead on stale, conservative, and regressive reasoning. Highlights The conviction, sentencing, and quick-fire disqualification of Rahul Gandhi as a Member of Parliament have exposed the toxic and subversive nature of the Indian republic’s colonial-era law of criminal defamation The root of the mischief is the Macaulay-authored law of criminal defamation entrenched in Sections 499 and 500 of the Indian Penal Code.

History of this topic

Defamation case against Rahul Gandhi: Hearing deferred to March 6
1 month ago
What is defamation in India? IPC Sections & notable cases
1 month ago
What is defamation in India? IPC Sections & notable cases
1 month ago
Defamation case: Complainant deposes in court against Rahul Gandhi
1 month, 1 week ago
Defamation Case Against Rahul Gandhi, Cross-Examination Completed
1 month, 1 week ago
Allegations Of Ruling Party Misusing Investigating Agencies Part Of Freedom Of Political Speech, Not Defamation: Delhi Court
1 month, 3 weeks ago
Rahul Gandhi defamation case: SC stays criminal proceedings over alleged remarks against Amit Shah
2 months ago
Defamation case politically motivated, says BJP MP Bansuri Swaraj
2 months, 1 week ago
Defamation case: Rahul Gandhi appears in UP court in defamation case over remarks on Amit Shah
7 months, 3 weeks ago
PM 'maliciously twists' Rahul Gandhi's words: Congress on 'Maharaja' remark
10 months, 3 weeks ago
PM Modi Degree Row: Gujarat Court Dismisses Arvind Kejriwal's Plea Challenging Criminal Prosecution In Defamation Case
1 year, 3 months ago
'Rahul Gandhi Is Sitting MP, Busy With Attending Parliament': Jharkhand HC While Exempting Personal Appearance In Modi Surname Defamation Case
1 year, 7 months ago
Modi surname case: Jharkhand HC exempts Rahul Gandhi from appearing personally
1 year, 7 months ago
‘Unfortunate that court…’: Kapil Sibal on SC stay on Rahul Gandhi’s conviction
1 year, 7 months ago
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1 year, 7 months ago
DC Edit | SC relief for Rahul is a boost for democracy too
1 year, 7 months ago
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1 year, 7 months ago
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1 year, 7 months ago
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1 year, 7 months ago
Supreme Court stays conviction of Rahul Gandhi in ‘Modi’ defamation case
1 year, 7 months ago
India’s top court stays conviction of opposition leader for mocking the prime minister's surname
1 year, 7 months ago
'We Respect The Order, But...': Purnesh Modi After SC Stayed Conviction Of Rahul Gandhi In Defamation Case
1 year, 7 months ago
SC stays Rahul Gandhi's conviction in the criminal defamation case over the 'Modi surname' remark
1 year, 7 months ago
Modi surname case: ‘Now we will see..’ says Cong chief Kharge on Rahul Gandhi
1 year, 7 months ago
India’s top court temporarily halts conviction of opposition leader for mocking Modi’s surname
1 year, 7 months ago
In Big Win for Rahul Gandhi, SC Stays Conviction In Defamation Case
1 year, 7 months ago
Supreme Court stays Rahul Gandhi’s conviction in ‘Modi surname’ remark criminal defamation case
1 year, 7 months ago
SC stays Rahul Gandhi’s conviction in defamation case, revives MP status
1 year, 7 months ago
’Modi surname case is an attempt to silence Rahul Gandhi,’ alleges Congress MP
1 year, 7 months ago
Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
1 year, 7 months ago
Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
1 year, 7 months ago
Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
1 year, 7 months ago
Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
1 year, 7 months ago
Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
1 year, 7 months ago
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1 year, 7 months ago
Rahul Gandhi's first comments after Supreme Court pauses defamation conviction
1 year, 7 months ago
'Come what may...': Rahul Gandhi's first reaction after SC verdict on Modi surname defamation case
1 year, 7 months ago
Rahul Gandhi gets relief from Supreme Court in Modi surname case after defamation conviction put on hold
1 year, 7 months ago
India’s Supreme Court suspends Rahul Gandhi’s defamation conviction
1 year, 7 months ago
Will not apologise for Modi surname remark: Rahul Gandhi to SC
1 year, 7 months ago
Bizarre to ask me to apologise in Modi surname case, says Rahul
1 year, 7 months ago
Rahul Gandhi To Supreme Court : Criminal Defamation Not A Grave Offence
1 year, 7 months ago
Modi surname row: Rahul Gandhi refuses to apologise, tells SC he is not guilty
1 year, 7 months ago
Modi surname defamation case: Rahul Gandhi refuses to apologise, files rejoinder affidavit in Supreme Court
1 year, 7 months ago
Rahul Gandhi Arrogant, Said He Will Never Apologize As He Wasn't A Savarkar : Complainant Tells Supreme Court Opposing Stay Of Conviction In Defamation Case
1 year, 7 months ago
SC issues notice to Gujarat govt in Rahul Gandhi’s ’Modi’ surname case
1 year, 8 months ago
LIVE UPDATES - Supreme Court Hearing On Rahul Gandhi's Plea To Stay Conviction In Defamation Case Over 'Modi Surname' Remark
1 year, 8 months ago
LIVE UPDATES - Supreme Court Hearing On Rahul Gandhi's Plea To Stay Conviction In Defamation Case Over 'Modi Surname' Remark
1 year, 8 months ago
Modi surname defamation case: SC to hear Rahul Gandhi's plea on Aug 4, issues notice to Gujarat govt
1 year, 8 months ago
Defamation case: Rahul's appeal against Gujarat HC verdict to be heard by apex court
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