Why Law Commission in favour of making defamation illegal?

S Venkateshwari
Why Law Commission in favour of making defamation illegal?

The Law Ministry sent a letter to the Law Commission in 2017 asking for clarification on the reasons behind the inclusion of defamation in criminal law. According to the government, slander is strongly frowned upon in our nation. In addition to this, some individuals think that this is having an impact on fundamental rights. For this reason, the Law Commission was tasked by the Law Ministry with examining all data-facets of defamation and determining whether or not it ought to be exempted from criminal prosecution.

Seven years after this letter was sent, the Law Commission has completed its investigation and report. In its 285th report, the 22nd Law Commission—headed by Justice Ruturaj Awasthi—recommended that the criminal defamation statute be included in the updated indian criminal codes. According to the Law Commission's recommendation, criminal defamation should continue to be covered under the penal code in order to keep people who make false or fraudulent remarks afraid.

The argument made by the Law Commission on the influence on basic rights

The Law Commission noted in the same report that India's citizens have a constitutionally guaranteed right to free speech and thought when discussing the effects of defamation on basic rights. In addition, individuals have the right to a dignified life as guaranteed by Article 21.

These clauses were included to the Constitution in order to preserve social harmony and peace. In such a case, it is critical that defamation remain under the criminal code in order to safeguard people's reputations and dignity and to prevent anyone from damaging another person's.

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