National
SC upholds defamation law contested by Rahul, Kejriwal
New Delhi:The Supreme Court on Friday upheld the constitutional validity of India’s criminal defamation law that was contested by Congress vice president Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal and BJP leader Subramanian Swamy.
Upholding sections 499 and 500 of the Indian Penal Code and sections 199(1) to 199(4) of the Code of Criminal Procedure, 1973, a bench of Justice Dipak Misra and Justice Prafulla C. Pant in their judgment said that the defamation doesn’t have any “chilling effect on freedom of speech”.
“Once we have held that reputation of an individual is a basic element of article 21 of the constitution and balancing of fundamental rights is a constitutional necessity and further the legislature in its wisdom has kept the penal provision alive, it is extremely difficult to subscribe to the view that criminal defamation has a chilling effect on the freedom of speech and expression,” said Justice Misra pronouncing the judgment.
“Reputation being an inherent component of article 21, we do not think it should be allowed to be sullied solely because another individual can have its freedom, and it “cannot be allowed to be crucified at the altar of the other’s right of free speech”.
Not accepting the contention that defamation would be criminal only if it gives rise to incitement to constitute an offence, the court said: “It is difficult to accede to the submission that defamation can only get criminality if it incites to make an offence.
“The word ‘defamation’ has its own independent identity and it stands alone and the law relating to defamation has to be understood as it stood at the time when the constitution came into force.”
The court rejected the argument that the defamation of an individual by another can be a civil wrong and could not be made a crime in the name of fundamental rights as protection of private rights qua private individuals cannot be conferred the status of fundamental rights.
“Individuals constitute the collective. Law is enacted to protect the societal interest. The law relating to defamation protects the reputation of each individual in the perception of the public at large. It matters to an individual in the eyes of the society. Protection of individual right is imperative for social stability in a body polity and that is why the state makes laws relating to crimes.
“… There is a link and connect between individual rights and the society; and this connection gives rise to community interest at large. It is a concrete and visible phenomenon. Therefore, when harm is caused to an individual, the society as a whole is affected and the danger is perceived,” it said.
But noting that “is not necessary for all in the chorus to sing the same song”, the court, in a caution to prevent any misuse of criminal defamation law, said that a magistrate should be extremely careful in issuing summons on a plea for initiation of any criminal defamation case.
Referring to the apex court’s earlier judgments on the issue, the court said: “We have referred to these authorities to highlight that in matters of criminal defamation the heavy burden is on the magistracy to scrutinise the complaint from all aspects. Application of mind in the case of complaint is imperative.”
On the effect on the petitioners Gandhi, Kejriwal and Swamy, the court said that now it would be open to them “to challenge the issue of summons before the high court either under article 226 of the constitution or section 482 CrPC, as advised and seek appropriate relief”.
To decide on their next course of action, the court granted them eight weeks time.
Lucknow: Vishal Singh, a renowned social worker from Lucknow, also known as Foodman, has once again made India proud. He was honored by the Happy Hands Gloves Cooperative Limited Company in Korathai, Thailand, for his work with the Hunger Free World Mission.
The Hunger Free World Mission’s meeting was held in Korathai, Thailand, under Vishal Singh’s leadership. Representatives from several countries, including Mr. Raja Dwivedi (Managing Director of Happy Hands Gloves Limited), Thailand Coordinator Mr. Raja Mishra, and member Mr. Varun Singh, attended the event.
Under Vishal Singh’s leadership, the attendees took a pledge to work together toward creating a hunger-free world.
Speaking on the occasion, Vishal Singh explained that the main goal of the Hunger Free World Mission is social participation. He said the mission is not just about feeding people but also about meeting other basic needs of those who are struggling. The mission focuses on helping families of terminally ill patients in hospitals by providing food and shelter. It also works to fulfill essential needs like education, jobs, and care for the elderly.
For the last 16 years, the Vijay Sri Foundation has been providing free services, benefiting thousands of people. Vishal Singh highlighted that the mission aims to gain global recognition like other organizations such as WHO, WWF, and Red Cross, which work for social causes.
During this meeting, Vishal Singh was appointed as the Chairman of the Hunger Free World Mission by representatives from various countries. They also discussed holding regular meetings in different countries to push the mission forward.
Business tycoon Dr. Abhishek Verma has also supported this humanitarian mission, vowing to promote the idea of “Seva Parmo Dharma” (Service is the highest duty) worldwide. Vishal Singh praised him, stating that people like Dr .Abhishek Verma inspire others to work for the betterment of society.
Recently, Romania’s Ambassador, Mr . Daniela Sezonov Ţane, invited Vishal Singh to the Romanian Embassy in Delhi, where they discussed the mission in detail. Impressed by his humanitarian work, she honored Vishal Singh and invited him to Romania to take the mission forward .
Food man Vishal Singh has been serving the people of India for the past 16 years. Through the Vijay Sri Foundation, he provides free meals to cancer patients & their families ,shelter, and education for women & children along with running free old-age homes in Lucknow.
In addition to his humanitarian work, Vishal Singh also addresses issues like crime and corruption through his role as Chairman of Seva Path Media and Managing Director of Vijay Sri Foundation.
During the COVID-19 pandemic, Vishal Singh and his team worked tirelessly to provide food and help to the needy, including starving children, elderly citizens, and pregnant women. Despite contracting the virus himself, he continued to assist others after his recovery. He even created a life-saving oxygen regulator using household items, which was praised by doctors both in India and abroad.
In his address at the meeting, Vishal Singh spoke about his mission to create a hunger-free world. He pointed out that India’s large population, along with issues like unemployment and poverty, has caused the country to fall on the Hunger Index. He urged people to contribute just one handful of grains daily to help create a hunger-free world.
He concluded by saying that through social participation, we can empower the people around us, meet their basic needs, and work together to build a stronger, more prosperous, and developed society.
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