"Public Interest Litigation Seeks Bombay High Court's Intervention to Curb Defamation of Deceased Individuals
A Public Interest Litigation (PIL) has been filed before the Bombay High Court, urging the establishment of comprehensive guidelines to deter the dissemination of derogatory remarks targeting deceased individuals via press outlets and social media platforms. The petition, titled Kumar Saptarshi & Ors. v. State of Maharashtra & Ors., stems from concerns regarding recent comments made by Hindu activist Sambhaji Bhide against Mahatma Gandhi.
The petition, presented before a division bench comprising Chief Justice DK Upadhyaya and Justice Arif Doctor on August 3, is expected to be scheduled for a hearing in the forthcoming week. The petitioners, including Maharashtra Gandhi Smarak Nidhi (MGSN) and associated social workers, highlight a growing issue where disparaging statements are directed at deceased individuals of high repute. These derogatory remarks then proliferate unregulated across various social media platforms.
The petitioners underscore the potential societal repercussions of such statements, emphasizing that deceased individuals lack the ability to counter or respond to these insults. Their heirs, often left distressed and disheartened, face the challenge of grappling with the emotional toll of the attacks.
The petition further notes that there are individuals within the same religious, racial, or caste groups who disapprove of such derogatory remarks, yet feel hesitant to voice their objections due to fear of backlash from their respective communities. This reticence contributes to perpetuating such harmful rhetoric.
The petitioners argue that these incidents contribute to a divisive atmosphere and undermine the unity of India as a nation. They express dissatisfaction with the existing legal framework, including Sections 499 and 500 of the Indian Penal Code (pertaining to defamation), deeming them insufficient to effectively address this issue.
Seeking redress, the petitioners have put forth the following requests:
1. Invalidate and nullify the provisions of Sections 499 and 500 of the Indian Penal Code, particularly the language in the explanation of Section 499 that pertains to intentions to hurt the sentiments of the deceased person's family or close relatives. This is asserted as a violation of Articles 14 and 21 of the Constitution of India.
2. Direct the State government to compile and publish a list of revered deceased individuals across various groups. This list would serve to prevent the publication of derogatory comments about these individuals in press outlets or on social media platforms.
3. Formulate and implement guidelines to deter the making and unrestricted circulation of derogatory statements about deceased individuals, both in the press and on social media platforms.
The PIL underscores the urgent need for a legal framework that effectively addresses this concerning trend, seeking to safeguard the dignity and reputation of deceased individuals while fostering a more respectful and harmonious societal discourse."
TAGS: Bombay High Court PIL Guidelines to Prevent Defamation of Deceased Derogatory Remarks Mahatma Gandhi Social Media Unity of India Legal Framework
