The conviction of politicians for crimes often brings relief to a society troubled by the wrongdoings of those in power. However, when someone gets punished merely for expressing their thoughts and ideas, it should give us pause for reflection. A striking example is the case of Rahul Gandhi being convicted for defamation.
During a political rally in Karnataka in April 2019, the Congress leader sought to highlight the frauds committed by Nirav Modi and Lalit Modi, linking them to Prime Minister Narendra Modi and remarking, “How come all thieves have ‘Modi’ in their surnames?”
This remark led Purnesh Modi, a Bharatiya Janata Party MLA from Gujarat, to claim defamation and loss of reputation for the entire Modi community. Notably, the affected individuals did not come forward to lodge a complaint about the alleged loss suffered.
The severity of punishment for criminal defamation in India raises questions when compared to the punishment for other offenses like rioting, impersonation, and giving false information, which attract a maximum of two years of imprisonment. While some legal experts have raised concerns about the judgments of the District and Gujarat High Court, which imposed the maximum penalty on Rahul Gandhi, the courts stressed the need for “purity in politics” and representatives with clear antecedents.
It is essential to differentiate between sarcasm and actual mockery of a community. A vibrant democracy permits snarky remarks without inciting violence but encouraging thought and questioning. The decision to impose maximum punishment on Rahul Gandhi seems to lean towards a harsh version of retributive justice, leaving us to question the intention behind such a ruling—whether to deter, reform, or retaliate against the accused.
When comparing India to other powerful economies like the US and the UK, it is notable that defamation is not considered a crime in these countries. The freedom to communicate and discuss political and governmental issues is vital, especially for aspiring politicians.
In this particular case, the court found Rahul Gandhi’s statement defamatory to the entire Modi community. However, it is arguable whether the remark was an actual mockery of a community or a comment on three individuals with the same surname. The matter is now before the highest court of the land for further examination.