Is it time for an anti-defamatory law?

GN Bureau | July 15, 2010



In this country, few actually take books seriously – till there comes a scholarly tome that offers a second opinion of sorts on a historic leader (or religious practice and so on). Then, even hooligans will take a book seriously and will go on a rampage, destroying priceless manuscripts as they did at a Pune institute. They were protesting against American scholar James W. Laine's book 'Shivaji-Hindu King in Islamic India' for portraying the great leader in a light his followers are not accustomed to.

The Supreme Court this week ruled against the Maharashtra government's ban on the book, reigniting the debate on freedom of expression. The Congress, leading the state's ruling coalition, now says if the ban is lifted, it doesn't matter, we will not allow any bookshop to sell the book. The opposition, mainly Shiv Sena, can be depended upon to send their cadre to help Congress workers in this move. The Congress has demanded a law to prevent “defamatory writing” about iconic figures.

We have seen this before. From Christian groups demanding a ban on the movie version of the Da Vinci Code and a then Uttar Pradesh minister declaring reward on the head of a Danish cartoonist to the Gujarat government jumping the gun and banning Jaswant Singh's book on Jinnah and the Congress protesting against Javier Moro's biography of Sonia Gandhi, all parties and communities are ready to be offended at the drop of a hat.

On the other, it has been argued that freedom of expression cannot be unconditional, and there are elements out to use it as freedom to insult. They favour a law which can bar offensive but unsubstantiated comments intended to insult a community or denigrate its leader.

So, do we need an “anti-defamatory” law?

Comments

 

Other News

How Rafi, Raj Kapoor helped pave the way for a great uranium deal

There`s a certain moment in diplomacy that`s too personal to be captured in a communiqué, too small to make the front page, but more revealing than the front page. This week, prime minister Narendra Modi reached Tashkent and, amid the pomp of state visits, managed to evoke the old Bollywood tunes

Distinguishing Fish 1 and Fish 2: The pragmatism behind India’s WTO ratification

 India became the 123rd WTO member to ratify the multilateral Agreement on Fisheries subsidies (AoFS) when it deposited the Instrument of Acceptance for Phase 1 on July 20, 2026. The ratification is restricted to disciplining Illegal, Unreported and Unregulated fishing (IUU), protection for overfished

The 7% growth problem: Why the next 7% will be harder

India has become accustomed to hearing the 7% growth number. It is now less a milestone than an expectation. Yet the paradox is becoming clearer: maintaining 7% growth may be considerably harder than achieving it once. India’s real GDP grew 7.7% in FY2025–26, following growth of 6.5% in FY202

The Constitution cannot be altered: Justice Abhay Oka

Justice Abhay Oka, who retired from the Supreme Court in May 2025, has said that the Constitution of India cannot be altered. Explaining the landmark Kesavananda Bharati judgment (1973) on the basic structure of the Constitution, he said, “This is one judgment that has saved democracy in India.&rdq

How the flora and fauna evolved in the Indian subcontinent

Mammals of India  By A.J.T. Johnsingh and P.O. Nameer HarperCollins India in association with Bombay Natural History Society  

India`s renewable race is moving beyond megawatts

When Shell bought Sprng Energy in 2022, India`s renewable energy market appeared to offer precisely what global energy majors were seeking: scale, growth and a place in one of the world`s largest energy transitions. Four years later, Shell is selling the same business to Aditya Birla Group for an enterpris

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter