CONTEXT  A Delhi court acquitted former journalist Priya Ramani in a defamation case filed by former Union Minister MJ Akbar against after she accused him of sexual harassment.

WHAT IS DEFAMATION?

Defamation is the communication of a false statement that harms the reputation of an individual person, business, product, group, government, religion, or nation.

In India, defamation is both a civil and a criminal offence.

• Civil defamation involves no criminal offence, but on account of this kind of defamation, you could sue the person to get a legal compensation for your defamation. It is studied under law of torts i.e. as a civil wrong.
• While the law of criminal defamation is premised on a person’s right to a reputation. Making or publishing “any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person”, is criminal defamation. Under Criminal Law, Defamation is a bailable, non-cognizable and compoundable offence.

DEFAMATION AND THE DEFENCE

• Defamation- Akbar alleged that Ms Ramani’s allegations were defamatory and had not only damaged his goodwill and reputation in his social circles, the political stage, but also among community, friends and colleagues, thereby causing him irreparable loss and tremendous distress.
• Defence-  Ramani’s lawyers pleaded truth as her defence, made in good faith, in the public interest, and for the public good.
• Ramani premised her defence on the First Exception to Section 499, which postulates that- “It is not defamation to impute anything which is true concerning any person, if it be for the public  good that the imputation should be made or published.”

HIGHLIGHTS OF THE VERDICT

• The court accepted the defence of the accused that she disclosed the truth regarding the incident of sexual harassment against on ground public good.
• Further it took the note that a woman cannot be punished for criminal defamation when she raises her voice against sexual harassment because “the right of reputation cannot be protected at the cost of the right of life and dignity of the woman”.

SIGNIFICANCE OF THE VERDICT

• The acquittal on a charge of defamation by a victim of sexual harassment is being celebrated despite the alleged perpetrator has faced no criminal prosecution at all.
• This judgment shines like a good deed in a naughty world when contrasted against a series of cases where the legal process has failed to bring closure and justice to women complainants.
• By rarely visiting retribution upon the perpetrators, the legal process has hitherto yielded little in terms of relief to the victim. But against all odds, the sight of Ms. Ramani triumphing in court may come to be a defining image in India’s long walk towards respecting female sexual autonomy.
• Many more women will now be emboldened to resist harassment at the workplace and elsewhere. Hopefully a few men are now deterred from trading power and position to secure sexual favours. 

Reference:

1. https://www.thehindu.com/opinion/lead/a-verdict-that-has-ended-a-long-silence/article33883317.ece