Law panel suggests retaining criminal defamation provision
- The 22nd Law Commission has recommended that criminal defamation should be retained within the scheme of criminal laws in India,
Key Highlights
- The panel submitted its report to the Ministry
- In its report, the Law Commission argued that the right to reputation is derived from Article 21 of the Constitution
- That guarantees the right to life and personal liberty and that is why it has to be protected.
- “Reputation is something which can’t be seen and can only be earned.
- It’s an asset which is built in a lifetime and destroyed in seconds.
- The whole jurisprudence around the law on criminal defamation has the essence of protecting one’s reputation and its facets
- Referring to the issue of punishment, it said the Bharatiya Nyaya Sanhita has added a provision of community service as an additional punishment.
- This law gives a balancing approach, wherein it has safeguarded the interest of the victim and has also neutralised the scope of misuse by giving an alternate punishment of community service
Law Commission
- Law Commission of India is neither a constitutional body nor a statutory body, it is an executive body established by an order of the Government of India.
- Its major function is to work for legal reforms.
- The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
- Its membership primarily comprises legal experts.
Prelims takeaway
- Law Commission
- Bharatiya Nyaya Sanhita