Recently ex Congress President Rahul Gandhi was sentenced to 2 year imprisonment by Surat court under IPC Section 499(DEFAMATION) & IPC Section 500(Punishment for defamation) due to which he was disqualified from LOK SABHA under REPRESENTATION OF THE PEOPLE ACT,1951.
In 2014,a RSS activist Rajesh kunte filed a criminal defamation case against Rahul Gandhi`s Speech where he allegedly accused RSS of Mahatma Gandhi `s assassination.Rahul gadhi,last year filed a application in bhiwandi court for permanent exemption from appearance in the court,with the reason i.e he is a Member of Parliament ,so he has to attend Lok sabha session ad his costituency ,party work etc. The bhiwandi court already heard the application and order has been kept for 1st april. BUT with the new circumstances i.e disqualification of Rahul gadhi as a Member of Parliament makes his application infructuous.So, activist Rajesh requested the court to revaluate the whole case.
In India,Defamation is crime under IPC Section 499 which states words either spoken or intended to be read that harmed the reputation of individual or community is defamation and under IPC Section 500 whoever defames another shall be punished with 2 year imprisonment or fine or both.It is accused that right to freedom provided in constitution is limited with these laws.Many leaders activists,buisessman use this weapon to shutter down the voices raised against them. In 2016,Supreme Court said “ Defamation cases should not be used as a political weapon”.
Summig up all;Laws provided is for safety and security of every citizen it should be used for nobel purposes and Every citizen should ensure that words spoken by them should not hurt the sentiemnt of others,People sitting at higher position should remember that there words create wide impact so they need to be more precise.
MAHI PANDEY(Bba Llb) ,Graphic Era Hill University
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