March 6, 2021

CASE LAWS RELATED TO DEFAMATION IN INDIA

CASE 1- DP CHOUDHRY VS MANJULATHA

A publication was made in the local newspaper, Dainik Navjyothi that the plaintiff a 17 year old college girl ran away with a boy after she went out of the house by saying she was having lectures. This false news item had adverse effects on her and ruined her marriage prospects. It was actionable per se and she was awarded damages of Rs. 10000/- by way of general damages.

CASE 2- RAM JETHMALANI VS SUBRAMANIAM SWAMY

The court held Dr. Swamy for defaming Ram Jethmalani by saying that he received money from a banned organization to protect the then Chief Minister of Tamil Nadu from the case of assassination of Rajiv Gandhi

CASE 3- ARUN JAITLEY VS ARVIND KEJRIWAL

The court held that statements made by Arvind Kejriwal and his five other leaders to be defamatory. The matter was sort out when all the defendants apologized for their actions.

CASE 4- T.V. RAMASUBHA IYER VS A.M.A MOHIDEEN

Defendants published a statement without any intention to defame the defendants. It is related to a particular person carrying on business of Agarbathis to Ceylon has been arrested for the offence of smuggling. The plaintiff was also a person carrying on similar business and since his reputation was damaged, the court awarded him damages

SHREYA SINGHAL VS UNION OF INDIA

It is a landmark judgment regarding internet defamation. It held unconstitutional the SECTION 66A OF THE INFORMATION TECHNOLOGY ACT, 2000 which punishes for sending offensive messages through communication services.

CONCLUSION

A person earns his reputation through his hard work and devotion towards his particular field or profession but it doesn’t take even a second to lose his reputation or respect in the society just because of the malicious intention of the another person in order to defame that person just for the sake of getting fame and attention in the society and for that they can go to any extension, even a defamatory remarks that they have made against the another individual is quite normal for them. They do such things in order to fulfill their ambition of reaching at the topmost position in their professions and gain name and respect in the society without doing the actual hard work and dedication

The number of cases related to defamation in India is constantly rising and hence the issue of defamation has become quite common due to which people are facing problems related to migration, depression, stress, anxiety, panic attacks etc and hence we as common citizens need to take this problem seriously and should find effective solution to the offence of defamation because of which it causes many problems to honest and hard working citizens. The problem of defamation is not only related to artisans, politicians, actors, businessmen, scholars, researchers etc but the problem of defamation is related to common individual as well and hence we should see the seriousness of the problem and should be vowed to find the effective solution of the problem.

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