Is private reputation of a human being well protected under the law?

Every man has a right to have his reputation preserved inviolate. This right of reputation is acknowledged as an inherent personal right of every person as part of the right of personal security. It is a jus in rem, a right good against the entire world. A man’s reputation in his property is more valuable than other properties. Indeed, if we reflect on the degree of suffering occasioned by loss of character, ad compare it with that occasioned by loss of property, the amount of the former injury far exceeds that of the latter. This judgement has held right to reputation to be an integral part of Articles 21 and 19(2) of the Constitution. The court held the constitutionality of Section 499 and 500 of the IPC, reading Right to Reputation as a part of Right to life assured to citizen under Article 21 further expanding the scope of Article 21.

The court observed that Man is half died without his reputation and reputation of individual as integral part as ones leg or arm. Further, India is a signatory to Human rights committee of International convention on political and civil right. In the absence of panel provision may lead to defamation deterrence against misuse of free speech and destroy reputation of individual.

Critics of this judgement (proponents of decriminalization of defamation law) say that such a fundamental right would be having chilling effect on whistleblowers, journalists and media; and can be used as means of harassment against active democratic speaker. Further, the politicos and bureaucrats can use this to avoid scrutiny.