NEW DELHI, Sept 22 – The Supreme Court on Monday indicated support for decriminalising defamation while hearing a case filed against online news portal ‘The Wire’ by Amita Singh, a retired Jawaharlal Nehru University (JNU) teacher.
A bench of Justices MM Sundresh and Satish Chandra Sharma issued a notice to Ms Singh after hearing a petition from the Foundation for Independent Journalism, which runs the portal. “I think the time has come to decriminalise all this. How long will you go on dragging this?” the bench remarked. Senior Advocate Kapil Sibal, appearing for the portal, agreed with the observation.
The case arises from a 2016 article alleging that Professor Singh led a group of JNU teachers who compiled a 200-page dossier, described in the report as a “den of organised sex racket,” containing derogatory remarks about the university. The dossier, titled Jawaharlal Nehru University: The Den of Secessionism and Terrorism, was reportedly submitted to the JNU administration and accused certain faculty of encouraging separatist movements and a decadent culture.
Ms Singh filed a criminal defamation case against the news portal and its reporter shortly after the article’s publication. In 2017, a magisterial court issued summons against ‘The Wire’. The Supreme Court had set aside these summons last year, directing the lower court to re-examine the article and reconsider issuing them. Following the re-examination, the magistrate reissued the summons, which was challenged in the Delhi High Court but dismissed. The portal then approached the Supreme Court challenging the High Court’s decision.
Under Section 356 of the Bharatiya Nyaya Sanhita (BNS), defamation remains a criminal offence in India, making it one of the few democracies to criminalise the act. Several political leaders, including Congress’s Rahul Gandhi and Aam Aadmi Party chief Arvind Kejriwal, have previously challenged the constitutionality of this provision, arguing it suppresses free speech.
The Supreme Court’s remarks on Monday reflect growing judicial and public debate over whether defamation should remain a criminal offence or be confined to civil remedies, balancing the right to reputation with freedom of expression. (Agencies)
