A pernicious law

The Union government’s contention in the Supreme Court that the provisions in the Indian Penal Code on criminal defamation do not have a chilling effect on free speech will disappoint proponents of fundamental freedoms. The zeal to retain a law that the state can use to stifle criticism is at the heart of the government’s position. It also goes against democratic opinion in many jurisdictions that treats defamation essentially as a civil wrong, and not something to be remedied by the use of the state’s coercive police powers. The United Nations Special Rapporteur on freedom of expression, the Human Rights Committee of the International Covenant on Civil and Political Rights and other international bodies have called upon states to abolish criminal defamation, recognising that
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