What?
- civil and criminal
- Sec 499 IPC
Decriminalization
- unreasonable to FoSE (refer FR 19(1)(a))
- misused by state & pwrful individuals
- dissent essential to democracy
- global trend of decriminalizing
- ICCPR 2011 called member states to decriminalize
In support
- Subramanyam Swamy v UoI: SC upheld validity of defamation laws
- safeguard to dignity of individual (refer: FR 21)
- monetary compensation not enough (because rich ppl will then regularly defame)
- sensitive exec and lower judiciary to not misuse