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The #metoo movement saw lot of women breaking the societal hurdles to speak out truth against the molestation and harassment they have faced at work, movement which started with Bollywood have now expanded to other work industries as well and many popular faces have been targeted, two names which top the list are of cabinet minister M. J. Akbar and veteran actor Alok Nath. There have been almost 15 women who have claimed to be sexually molested by M.J Akbar. Minister have not given any satisfactory reply instead have knocked the door of law to provide justice, he has filed a criminal defamation case against Priya Ramani, a journalist who claimed to be molested by her. The question here is, does law of criminal defamation acts as a shield of the offenders?
The case of Subramaniam Swamy V. U.O.I held that criminal defamation is a crime and will continue to be so in the light that it protects social-order. Many jurist questions it that can the reputation of an individual be a concept of social-order? It is a private wrong and has to be treated so, bringing it under criminal liability clearly violates the fundamental difference between criminal and civil wrong. Further, the argument proceeds that the concept of criminal defamation is in contradiction to fundamental right of speech and expression to which court replies that Article 21 of right to life covers right of reputation as well for its protection it is important to keep defamation as an criminal liability as well. It is for the first time that the stretched interpretation of one fundamental right have annihilated the other fundamental right.
The #metoo movement is embarking a revolution in the work culture of Indian society, the law authorities have to understand that they have failed to be the justice provider when it was needed and now they should not act as an oppressor to truth. The essence of all laws is to promote truth not to oppress it.
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