NEWS – 22^nd Law Commission Report on defamation of India was published recently

WHO HEADED 22 LAW COMMISSION – Justice Ritu Raj Awasthi

WHAT WAS SUGGESTED

Offence of criminal defamation should be retained in the new criminal laws

The report

• Is based on Supreme Court’s decision in the Subramaniam Swamy vs. Union of India (2016) (upheld the constitutionality of defamation as a criminal offence and held that it was a reasonable restriction to the freedom of speech and expression)
• Traces the history of the law of defamation
• Defined and the essential characteristics for it to be proven as an offence
• Explains how “the right to reputation” is a part of the right to life and dignity under Article 21 of the Constitution.
• States that the
• Right to freedom of speech must be balanced with protecting the right to reputation through the application of criminal defamation laws
• Provides extensive coverage of judicial precedents that deal with the need to balance fundamental rights
• Stresses upon both the constitutional importance of defamation laws and their potential misuse which could have the effect of reducing accountability and transparency while stifling dissent and free speech
• Conclusion – States that the newly enacted criminal statute, the Bharatiya Nyaya Sanhita, 2023, by introducing community service as an alternative punishment, “has shown the most balanced approach in protecting one’s reputation and speech too”

LAW COMMISSION OF INDIA

• Non – Statutory body
• Constituted with a definite term 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
• First pre-independence law commission was established in 1834 by the British Government in India + established by the Charter Act of 1833and was chaired by Lord Macaulay
• First Law Commission of independent India was established in 1955 under the chairmanship of the former Attorney General for India C. Setalvad
• The Twenty Second Law Commission has been notified with effect from 21st February, 2020 for a term of 3 years