#MEE TOO MOVEMENT AND DEFAMATION LAW IN INDIA

Introduction:The topic which I am going to deal with is familiar to everyone.In recent months we came across a term which originated from western countries like USA,UK,and other so called 'civilized countries'.The journey of this term ''#MEE TOO'' is very long as it crossed seas and oceans and finally reached in our country.After target

ing several powerful and eminent personalities of world including the US president Donald Trump it came with its full zeal and courage and began its journey from film industry and finally reached in the premise of the apex court directly hitting the Chief Justice Of India Ranjan Gogoi .Before reaching to the 'Temple of Justice' it also travelled in the verandha of parliament and news rooms hitting a number of eminent persons.In a nutshell we can quote that this movement exclusively travelled through all the pillars of government ie.legislature,judiciary,media and executive.The article will exclusively cover relevance of defamation law with special emphasis on MEE TOO movement.

Recent Cases of #MEE TOO:'MEE TOO' movement has gained momentum in India.Many celebreties are coming up on stage and are joining this campaign.Over the last several days,a number of women coming from different arena have called out influential men actors,standup comedians,senior journalists and politiciansfor alleged sexual harassment.Some of these allegations relate to actions of then colleagues of the women.The list of alleged men is very large but some very prominent are names of famous bollywood celebreties like Nana Patekar,Amitabh Bachchan,Sajid Khan,Anu Malik,Alok Nath.Recently MJ Akbar resigned from his ministerial post after he was alleged by Priya Ramani.Sajid Khan was alleged by several actress like Tanushree,jaqualine,etc.Amitabh Bachchan was alleged of sexual harassment by Sapna Bhavani.CJI was alleged by a woman working under him over the charges of sexual harassment.

Moot question :The question of concern and matter of law with which this movement is linked is -1)Whether there is an option for the accused person to prove himself innocent after becoming a part of #MEE TOO movement?

2)Can influential people silent the allegations of sexual assault made on him?

3)How is defamation dealt in USA from where #MEE TOO began its journey?

I will analyse the above questions in relation to #MEE TOO movement which has become a part and parcel of our daily news.

Defamation Law in India and its relevance and scope:If any wrong imputation is made on any person which can lower his/her image in society he /she can file a case of defamation against such person and can claim monetary compensation from that person if defamation is of civil nature;but if the defamation is of criminal nature it will attract an imprisonment of two years.In #MEE TOO movement MJ Akbar filed a criminal defamation case against Priya Ramanni,Alok Nath also filed criminal defamation case against Vinita Nanda who dragged him in this movement.From above examples we can see that an accused person can approach the court under section 499and section500 of IPC.In India defamation is a bailable,non cognizable and compoundable offence.

Conviction: In most of the countries defamation is only a civil wrong but in India its also a criminal wrong.There is a provision of 2years of jail term and is also linked with social stigma.I think everyone is familiar with the case of two men namely Sarabjeet and Vikas Gupta from Delhi and Lucknow who were alleged of sexual harassment.Their image in the society was completely shattered when they were accused but they filed case in court and court found them innocent .The court convicted the women involved in this case.

Process:Plaintiff should show any imputation made on him which can lower in society.He can approach to trial court,criminal court and High Court as the case may be .To prove the allegation right the defendant has to show that his allegatio was true to best of his knowledge and was in public interest.

As asked in question number 2 ,influential people can silent the allegations of sexual assault made on him by invoking section 499 and 500 of IPC as in this case burden to prove the allegation lies on defendant.Courts also take several years to reach to a conclusion thus its a tiresome and long process.Thus,if the person who is alleging someone is not powerful enough to prove his allegations right he will have to face the consequences of this law .

Defamation Law In Verandah of Supreme Court of India: Defamation law in India was made by Britishers to suffocate political criticism.In 2016 the constitutional validity of defamation law was challenged in Supreme Court but it was held that the law is valid and it does not collide with Right to speech and expresssion .It is a positive restriction of Article19 enshrined in part 3rd of constitution as Fundamental Rights.

Defamation Law in USA:In 1965 the US courts incorporated some changes in dealing with defamation law such that it can't be used to molest and harass someone.They provided more space to the Journalists so that they can work freely.They also made provision of punishing those who defame someone intentionally without any logic behind such defamation but, they provided more space to freedom of speech and expression.In USA defamatio is a civil wrong and attracts penalty.

At this point of time we can not decide that whether this movement is totally fake but in my opinion Defamation Law can act as a balancing tool between freedom of speech and expression and Right to reputation and Right to live with dignity.