The Supreme Court on Monday signaled that it may be time to decriminalize defamation, while hearing a plea filed by online news portal The Wire. The portal challenged the summons issued in a defamation case filed by retired Jawaharlal Nehru University (JNU) professor Amita Singh.
Justice M. M. Sundresh, leading the bench with Justice Satish Chandra Sharma, observed, “I think time has come to decriminalize all this. How long will you go on dragging these cases?” Senior advocate Kapil Sibal, representing The Wire, agreed with the bench’s remarks, citing the prolonged nature of such proceedings.
The plea, filed by the Foundation for Independent Journalism, which runs The Wire, challenges the summons issued in connection with a defamation case arising from an article published in 2016.
The complainant, former JNU professor Amita Singh, had stated that an article published in April 2016 titled “Dossier Calls JNU ‘Den of Organised Sex Racket’” alleged that a team of professors led by Prof. Singh had submitted a dossier to the JNU administration claiming the existence of sex rackets in the girls’ hostel.
Prof. Singh denied any involvement in preparing or submitting the dossier. Her lawyer had said that the article attributed her name without verification, which sparked violent protests, including the burning of her effigy and daily demonstrations outside her office. The lawyer also claimed that the controversy led to her being isolated in academic bodies and committees, both in India and abroad, affecting her post-retirement career.
A trial court first issued summons to the portal in 2017. The Supreme Court had earlier set aside the summons and directed a reassessment after reviewing the content of the article. In January 2025, the magistrate again issued summons, which were upheld by the Delhi High Court in May 2025. The Wire then approached the Supreme Court challenging the renewed summons.
Sibal supported the bench’s observations and cited several instances, including multiple defamation cases filed against Leader of Opposition Rahul Gandhi, which had reached the apex court. The bench has tagged The Wire’s petition with a batch of similar cases including those filed by Gandhi and said it would hear the matter after Prof Singh submits her reply.
Criminal defamation remains punishable under Indian law and was upheld as constitutional by the Supreme Court in a 2016 ruling, which cited the protection of reputation under Article 21 of the Constitution. However, the remarks by the bench indicate a willingness to reconsider whether defamation cases should continue to be treated as criminal offences.
(With inputs from Online Desk)