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HomeOpinionThe problem is not Kejriwal’s apologies, it is India’s defamation law

The problem is not Kejriwal’s apologies, it is India’s defamation law

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If I had these cases against me, I would have apologised on the first day itself. Why waste your energy on an outdated law, which is being used to harass you.

Delhi chief minister Arvind Kejriwal has been on an apology train ride lately, sending apology letters to various politicians to shut down the numerous defamation cases they slapped on him. This has not gone down well with a significant section of his supporters.

Defamation laws in India have long been a subject of controversy, and rightly so. Across the developed world, criminal defamation as a law is virtually non-existent, like in the USA and South Africa. It has been abolished in the UK. In most other countries, it requires proof of actual harm caused by a statement, unlike in India. These laws have been blatantly misused by the powerful to curtail the freedom of expression of the weak, often through intimidation of the critics, dissenters and opponents. On top of that, the law is vaguely defined.

The penal consequence of defamation is a fine or imprisonment of up to two years. But the real consequence is the time, energy and, most importantly, the money it requires to defend yourself in court. For the rich and the powerful, it’s easy, but not for others.

Kejriwal has more than two dozen defamation cases against him in 16 different cities across the country. It should be pretty obvious to anybody who knows about the ordeal of court cases in India why he has finally given up on fighting them. The exorbitant amount of money and time that would be required to fight these cases would compete with the time he spends in governing Delhi. If I had these cases against me, I would have apologised on the first day itself. Why waste your energy on an outdated law that is being used to harass you?

Some people, however, think it’s heroic to fight defamation cases. They say the process of fighting itself proves that your statements and accusations are legally true. This stems from a false sense of ego and pride because, in most cases, winning defamation suits is only about insisting on your right to make those statements. It doesn’t even guarantee that you cannot be charged for defamation on your next statement. However, where it does help is in your public image.

Media houses also fight defamation cases, and that fight is important in order to preserve journalistic freedom in the country. In Kejriwal’s case, however, his public image can be somewhat compromised by the apology and backtracking on statements, but it is well worth the time saved for governance. After all, a chief minister’s job is to govern and not fight cases in court all day.

The only question here is, why didn’t Kejriwal apologise earlier? And the answer lies in idealism. Perhaps he wanted to be the hero that some people want him to be. Perhaps he wanted to fight and win all the court cases against ‘evil’ forces, and legally prove all his statements. It would be the most desirable route for him to take, if you ask his supporters. But it is not practical to make this compromise against governance and he has finally realised it. Better late than never.

In the year 1663, the church threatened to burn Galileo at the stake. His only crime — his claim that the planet Earth revolved around the sun. The gravity of the threat posed by the church was too much for Galileo. He realised he would be better off apologising and admitting his ‘mistake’, instead of expending effort trying to convince them otherwise. And he did take back his statement. It was only 350 years later that the church apologised for its mistake.

Similarly, Kejriwal’s apologies do not declare that Majithia or Kapil Sibal or Jaitley are clean politicians. They merely show us that he has retreated from this court to focus on the bigger goal. Others who have more time and money are continuing to fight this battle, even through defamation cases themselves. AAP Rajya Sabha member Sanjay Singh Azad has said that he will continue to fight the defamation case filed against him by Majithia because he is willing to put in the time and money required. Both decisions are right in their own ways. However, I believe our greater fight should be against the outdated defamation law itself. It is in dire need of reform to protect the freedom of speech in our country.

This whole controversy is not a lesson for people to give up fighting for their rights. It is a lesson in real-world practicality; in when to fight against injustice and when to take a step back sensibly for the greater goal.

The apologies do not diminish a man’s fighting spirit. A true fighter knows which battles are worth fighting and which are to be walked away from.

Dhruv Rathee is an activist and YouTuber.

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74 COMMENTS

  1. Asking questions are really pleasant thing if you are not understanding anything
    completely, however this post presents pleasant understanding yet.

  2. Kejriwal has lost all credibility and only chance for him to be relavent is to join the third front or united opposition which everyone is talking about. In Karnataka AAP is contesting in all seat and noone is even talking abt them, there r few posters here and there. He has made an a$$ of himself with all the antics of questioning army, blaming and accusing everyone against , and calling names to even respected PM.

  3. Arvind Kejriwal will be remembered as a historic leader in the world of politics. Did he give any bribe to kofi Annan to praise his concept of maholla clinic???? Certainly No. He is a true gentleman and a precious gem to common people.He is just getting matured as a politician from his style of bureaucracy. May the almighty give him enough strength to fight against all the evil forces.??In btw , i want to tell the delhi people that 36 lakh rupees were spent to install Air purifiers at our beloved PM office between 2014-2017 from tax taken by us. So much concern to deal with pollution!!

  4. So, you have a great belief in Arvind Kejriwal. By demeaning the commentators, the minds of those who understand the reason behind the apologies, and those who understood the reason after going through the article won’t change towards the coward/bhagoda called AK. Still congratulations to those who have strong faith in AK, who never had a single tooth on his mouth, as we think.

  5. So, you people have a great belief in the criminal justice system of India. By demeaning Rathee, the minds of those who understand the reason behind the apologies, and those who understood the reason after going through the article won’t change towards the fighter called AK. Still congratulations to those who have strong faith in the criminal justice system of India, which never had a single tooth on its mouth, as we think.

  6. Kejriwal has suddenly got the aha realisation. Was he not aware of all these consequences of his actions. Is he that naive- what about all his visits to Vipaasaana meditation camps to become more responsive and less reactive. Has that had no effect on his utterances. ( that organisation should ban him from attending an more camps as he is giving them a bad name)
    Just by mentioning Galileo’s name in that article, why are you defending him– all know you are his all weather friend– how low will you go to defend him–

    All Kejriwal has to say that he is a normal politician– not what he claims- different and better than other politicians – and the public will forgive him– — Acutually his actions are proving that he is one of our regular politicians and we should treat him like one.

    • Those who beg apologies, don’t know it earlier… that’s the reason of apology. But, here, the case is different….as he hasn’t realised his mistake, which was never there. But, realise the fact late that the criminal justice system in India is stale.

  7. Actually there is no problem in any politician, The problem is with the people of the country and their half knowledge of the ground because all are selfish earning money and sitting home and watching piad news channels. The political sense of the people.is very poor. I don’t know what matters if he apologized or not and who voted him to put politician in jail,if they voted him for that then they are fools. People voted for modi and Kejriwal for development and everyone knows who is working and who is not on ground level. People have now become pro parties people. I would suggest poeple to be the people and judge your politician just on their work…these things are just pitty please do not focus on these issues…

  8. The author seems to be moron. If he can think that this case can be compared to Galileo s case then he doesn’t know a thing

  9. Good observation and thought process as always Dhruv. Agree that one needs to fight, but fighting frivolous battles for personal ego satisfaction or media image building need to be sidelined.

    I firmly believe that voters will finally appreciate a leader for the on ground connect and work he does. Empty bravado will only earn you the ‘Feku’ title.

    • There is a need for another title exclusively for SHRI Arvind Kejriwal – ‘CHIRKUT’ (चिरकूट). The meaning can be browsed on the Internet.

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