BJD MP floats private bill to decriminalise libel
Decriminalising of defamation is a cause that has brought together such unlikely political leaders as Congress vice president Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal and BJP MP Subramanian Swamy. Now Biju Janata Dal (BJD) MP Tathagata Satpathy is attempting to get them to support a law on the issue.
Mr Sathpathy, the chief whip of the BJD in the Lok Sabha, has put the broad contours of what he hopes will be a private member’s bill on decriminalising defamation on his website for a public consultation.
The Supreme Court had, on May 13 this year, rejected three pleas — clubbed by the SC into one — moved by Mr Gandhi, Mr Swamy and Mr Kejriwal to decriminalise defamation. The three had contested the validity of Sections 499 and 500 of the Indian Penal Code and Section 199 of the Criminal Procedure Code that made defamation punishable with up to two years in prison. “The criminal law of defamation is a colonial law that served a need that no longer exists. Instead criminal defamation law is being used to threaten and silence voices. These are the voices of artists, actors, painters, writers, sportspersons,” said Mr Satpathy. “This is perhaps the first private member’s bill that will have public consultation before it is framed and sent to the Lok Sabha Speaker for approval. Our aim is not just to do away with criminal defamation but to strengthen civil defamation laws so that reputations can be protected.”
“The bill itself is not online yet since its clearly stated in section 334A of rules of business that I cannot publicise it till the Lok Sabha Speaker publishes it. Once it passes muster at various levels in the House I will approach both Mr Swamy and Mr Gandhi for their support to the Bill,” Mr Satpathy said.
It was in the life of the 16th Lok Sabha that a private members bill (on transgender rights) cleared the Upper House of Parliament after three decades of unsuccessful attempts. The universal political support that the issue has is encouraging Mr Satpathy from pushing this bill through.
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