Politics in India today is arguably more toxic and venomous than anywhere else in the world but the netas seem to be a very thin skinned lot. They complain and file petitions in court against the opposition about purported criminal defamation with alarming regularity. In dismissing one such complaint filed by BJP's Rajeev Chandrasekhar against Shashi Tharoor a Delhi court has underlined the larger stakes in this political pastime. It explicitly mentioned in its judgement that if every speech is viewed as defamation then freedom of speech and expression would be reduced to zero. Courts however have been inconsistent in defamation suits. In 2023 a Surat court convicted Rahul Gandhi for a remark made four years earlier and ordered a two year imprisonment sentence which led to his disqualification from the Lok Sabha. The Supreme Court stayed the partisan judgement and Rahul returned to Parliament. Conviction or not, there is punishment enough in the process of bring tried for defamation. Criminal defamation laws misused by the ruling party to wither down critics and seek an opposition mukt Bharat is counter to the right of 'freedom of expression' granted by the Constitution , it is a constant overhang on media freedom as well. Parliament via BNS has failed to reform this colonial era censor. The defamation laws must ideally be scrapped, this will help us move to a more just and equitable society.
