
Criminal defamation: A noxious colonial law and its subversive effects
The HinduPublished : 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
The Hindu
What is defamation in India? IPC Sections & notable cases
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What is defamation in India? IPC Sections & notable cases
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Defamation case: Complainant deposes in court against Rahul Gandhi
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Rahul Gandhi defamation case: SC stays criminal proceedings over alleged remarks against Amit Shah
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Defamation case politically motivated, says BJP MP Bansuri Swaraj
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Defamation case: Rahul Gandhi appears in UP court in defamation case over remarks on Amit Shah
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PM 'maliciously twists' Rahul Gandhi's words: Congress on 'Maharaja' remark
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PM Modi Degree Row: Gujarat Court Dismisses Arvind Kejriwal's Plea Challenging Criminal Prosecution In Defamation Case
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'Rahul Gandhi Is Sitting MP, Busy With Attending Parliament': Jharkhand HC While Exempting Personal Appearance In Modi Surname Defamation Case
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Modi surname case: Jharkhand HC exempts Rahul Gandhi from appearing personally
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‘Unfortunate that court…’: Kapil Sibal on SC stay on Rahul Gandhi’s conviction
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'Not only Rahul Gandhi but all Opposition leaders being harassed': Bihar Dy CM Tejashwi Yadav
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DC Edit | SC relief for Rahul is a boost for democracy too
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Rahul Gandhi gets reprieve in one ‘Modi surname’ case. But there are more pending
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Modi surname defamation case: Will Rahul Gandhi return to Parliament on Monday?
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Supreme Court stays conviction of Rahul Gandhi in ‘Modi’ defamation case
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India’s top court stays conviction of opposition leader for mocking the prime minister's surname
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'We Respect The Order, But...': Purnesh Modi After SC Stayed Conviction Of Rahul Gandhi In Defamation Case
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SC stays Rahul Gandhi's conviction in the criminal defamation case over the 'Modi surname' remark
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Modi surname case: ‘Now we will see..’ says Cong chief Kharge on Rahul Gandhi
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India’s top court temporarily halts conviction of opposition leader for mocking Modi’s surname
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In Big Win for Rahul Gandhi, SC Stays Conviction In Defamation Case
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Supreme Court stays Rahul Gandhi’s conviction in ‘Modi surname’ remark criminal defamation case
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SC stays Rahul Gandhi’s conviction in defamation case, revives MP status
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’Modi surname case is an attempt to silence Rahul Gandhi,’ alleges Congress MP
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Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
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Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
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Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
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Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
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Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
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Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court
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Rahul Gandhi's first comments after Supreme Court pauses defamation conviction
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'Come what may...': Rahul Gandhi's first reaction after SC verdict on Modi surname defamation case
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Rahul Gandhi gets relief from Supreme Court in Modi surname case after defamation conviction put on hold
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India’s Supreme Court suspends Rahul Gandhi’s defamation conviction
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Will not apologise for Modi surname remark: Rahul Gandhi to SC
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Bizarre to ask me to apologise in Modi surname case, says Rahul
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Rahul Gandhi To Supreme Court : Criminal Defamation Not A Grave Offence
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Modi surname row: Rahul Gandhi refuses to apologise, tells SC he is not guilty
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Modi surname defamation case: Rahul Gandhi refuses to apologise, files rejoinder affidavit in Supreme Court
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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
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SC issues notice to Gujarat govt in Rahul Gandhi’s ’Modi’ surname case
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LIVE UPDATES - Supreme Court Hearing On Rahul Gandhi's Plea To Stay Conviction In Defamation Case Over 'Modi Surname' Remark
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LIVE UPDATES - Supreme Court Hearing On Rahul Gandhi's Plea To Stay Conviction In Defamation Case Over 'Modi Surname' Remark
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Modi surname defamation case: SC to hear Rahul Gandhi's plea on Aug 4, issues notice to Gujarat govt
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Defamation case: Rahul's appeal against Gujarat HC verdict to be heard by apex court
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