Defamation can’t be criminal offence: HC

While the Supreme Court is seized of a batch of petitions questioning the constitutionality of criminal defamation proceedings, the Madras high court on Tuesday stopped just inches short of decriminalizing the ‘offence’ when it ruled that persons facing such cases could not be considered to have a ‘criminal background’. “The trend all over the world…

Defamation law abused, should be re-examined: Arvind Kejriwal to SC

There is a need to decriminalise penal provision for defamation and the “colonial law”, which has been inevitably abused, needs to be re-examined rigorously, Delhi Chief Minister Arvind Kejriwal told the Supreme Court on Wednesday. Toeing identical line adopted by BJP’sSubramanian Swamy and Congress Vice President Rahul Gandhi who have also challenged constitutional validity of…

Bhairav Acharya: Free speech & its discontents

The irony of Subramanian Swamy’s newest challenge to India’s hate speech and blasphemy laws is lost on many of his supporters. The same laws were used to prosecute Wendy Doniger and harass Maqbool F Hussain, as well asShirin Dalvi and others who published images depicting the Prophet Muhammad. Free speech in India is messily contested.…