In a recent ruling, the Calcutta High Court has lifted a restriction placed on West Bengal Chief Minister Mamata Banerjee. Thus, allowing her to make statements regarding Governor CV Ananda Bose as long as they are not defamatory. This decision follows defamation charges filed by the Governor after Banerjee. It alleged that women were afraid to visit the Raj Bhavan due to sexual harassment accusations against him.
The Chief Minister had appealed to the Calcutta High Court after a single bench initially barred her from making potentially defamatory remarks about the Governor. Upon reviewing her appeal, a division bench consisting of Justices IP Mukherji and Biswaroop Chowdhury concluded that Banerjee has the right to speak against the Governor, provided her statements do not defame him.
The court’s decision modifies the earlier order that had prohibited Banerjee from making any statements against Governor Bose. The appeal has now been scheduled for further hearing at a later date.
What is Defamation? Charges Under Indian Law
Defamation means harming a person’s reputation through false statements. It can occur through spoken words (slander) or written content (libel). In India, defamation is both a civil and criminal offence. Victims can file a lawsuit for damages or initiate criminal proceedings.
Under Section 499 of the Indian Penal Code (IPC), defamation includes any spoken or published words that harm someone’s reputation. Section 500 of the IPC prescribes punishment for defamation. If convicted, the offender may face up to two years of imprisonment, a fine, or both.
To prove defamation, the statement must be false, made with malicious intent, and cause actual harm to reputation. However, the law also provides exceptions. If the statement is true and made for public good, it may not qualify as defamation.
Indian courts treat defamation seriously to protect individual dignity. At the same time, they balance this right with freedom of speech under Article 19(1)(a) of the Constitution.
