Supreme Court judge says it’s high time defamation was decriminalised
What Happened?
Justice M.M. Sundresh (SC) suggested time has come to decriminalise defamation.
This comes despite the 2016 Subramanian Swamy v. Union of India case, where SC upheld criminal defamation as a reasonable restriction on free speech under Article 19(2).
Multiple cases (Rahul Gandhi, Shashi Tharoor, The Wire) highlight how criminal defamation is used for political and personal vendettas.
Relevance
GS2 (Polity & Governance): Fundamental Rights (Art. 19, 21), Reasonable restrictions, Judiciary.
GS2 (Governance): Media freedom, political accountability.
Context & Background
Defamation in India:
Civil defamation → monetary compensation.
Criminal defamation → IPC Sections 499–500; up to 2 years imprisonment.
2016 SC ruling: Reputation is part of Article 21 (Right to Life) → justified criminal defamation as protecting “social interest.”
Current debate: misuse by political actors and private individuals → clogs judiciary, chills free speech.
Expansion of MLS: From 64 crops → all plant genetic resources (including wild, uncultivated, non-edible plants).
Dual-access system:
Subscription model: Fixed fee for broad access.
Single-access model: Pay only when commercialising.
Digital Sequence Information (DSI): Allows use of genetic data online without physical seeds → risk of digital biopiracy.
Concerns Raised by Farmers & Civil Society
Seed Sovereignty at Risk: Expansion without strong safeguards → unrestricted corporate access to India’s seed diversity.
Weak Benefit Sharing: Millions of seed samples shared, but little/no benefit returned to source countries or farmers.
Biopiracy: Companies patenting varieties developed from traditional seeds, selling them back to farmers.
Digital Loophole: Genetic data (DSI) exploited without benefit-sharing.
Exclusion of Farmers: Treaty reforms shaped by corporate lobbying, with limited farmer consultation.
Contradiction with National/International Laws: Risks undermining India’s Biodiversity Act (2002), PPV&FR Act (2001), CBD, Nagoya Protocol, and UN Declaration on Rights of Peasants.
India-Specific Implications
India is mega-biodiverse → vast genetic resources at stake.
Farmers’ Rights (under Article 9 of Treaty & PPV&FR Act): to save, use, exchange, sell seeds. Could be eroded.
Seed Sovereignty: Expansion could transfer control of India’s gene banks to multinational corporations.
Public Health Risk: Seeds used for pharma/biotech → medicines developed and sold back at high costs.
Strategic Position: India co-chairs current negotiations → outcome directly affects domestic sovereignty.
Broader Global Dimensions
North-South Divide: Developing countries (Asia, Africa, Latin America) fear loss of genetic sovereignty; developed countries & corporations push for open access.
Food Security Challenge: Monocropping & corporate dominance vs. resilience of indigenous seed systems.
Climate Change Angle: Traditional landraces crucial for adaptation and nutritional security.
Way Forward
Strengthen Benefit Sharing: Mandatory upfront payments, fair royalty models, and data governance for DSI.
Transparency: Public disclosure of who accesses seeds and how they are used.
Recognition of Farmers’ Rights: Stronger safeguards in line with Article 9 of Plant Treaty.
National Sovereignty: Ensure treaty reforms align with India’s Biodiversity Act and PPV&FR Act.
Inclusive Process: Consult farmers, seed savers, and state governments before adopting reforms.