Skip to main content

Defamation case against Medha meant to 'divert attention' from battle for social, environmental justice

Counterview Desk 
Condemning the conviction of prominent social activist Medha Patkar for defamation, People’s Union for Civil Liberties (PUCL) in a statement has sought the repeal of the defamation law, calling it "a colonial vestige". 
Giving details of the year 2000 case filed by VK Saxena, former head of the National Council for Civil Liberties of Ahmedabad and now the Lieutenant Governor of Delhi, PUCL notes, "The filing of the  case of defamation against Medha Patkar is nothing but a  weaponisation of law meant to silence, censor and intimidate viewpoints which challenge the dominant understanding of development."
This phenomenon of seeking to control dissent through a heavy handed use of the law is a well-known strategy used by corporations as well as states and has been characterised as SLAPPS, which stands for `Strategic Litigation Against Public Participation’," it adds.
Points out PUCL, "SLAPPS suits, world-wide, have been filed against citizen defenders, rights activists, environmental defenders and others getting them caught up in a web of litigation which is time consuming, expensive and diverts attention from fighting battles for social and environmental justice."

Text:

The PUCL is shocked at the conviction by a Delhi Court of Medha Patkar, one of India’s most renowned social activists, for defamation u/s 499/500 IPC and sentence of five months imprisonment combined with a fine of Rs 10 lakh  imposed against her. The case itself was filed in 2000  and relates to a press note, the contents of which are allegedly defamatory to VK Saxena, who then headed the National Council for Civil Liberties of Ahmedabad and is now the Lieutenant Governor of Delhi.   
The press note in English dated 25 November 2000 was titled “True Face of Patriot” and is extracted in the trial court judgment as below: 
“VK Saxena, one who is pained by the Hawala transactions himself came to Malegaon, praised NBA and give a cheque of 40,000. Lok Samiti naively and promptly sent the receipt and the letter, which shows honesty and good record keeping then anything else. But the cheque could not be encashed and got bounced. On enquiry, the bank reported the account does not exist.” The cheque, the press note said, came from the Lalbhai Group. "What is the connection between Lalbhai Group and V K Saxena? who among them is more patriot?”, it asked.
The trial court found that the above statement was a ‘direct attack on the personal character’ and ‘loyalty’ of the complainant to the ‘nation’. The court was also of the opinion that ‘such allegations are particularly grave in the public sphere, where patriotism is highly valued, and questioning someone’s courage and national loyalty can cause irreversible damage to their public image and social standing’.  
Based on this finding, the trial court convicted Medha Patkar. A close reading of the judgment of the trial court indicates that there are a number of legal infirmities which will obviously be tested in the appeals court, right from the question of whether there was an ‘intention to defame’ the complainant on the part of Medha Patkar to questions around whether the witnesses of the complainant were interested witnesses. However, apart from the merits of the legal case (to test which the appropriate forum is the appeals court), what is essential to appreciate is the wider context, in which this complaint on defamation was made, which can be teased out from the judgment itself.   

Trial pending since 2002 against VK Saxena of assaulting Medha Patkar

The judgment  indicates that VK Saxena has had an FIR filed against him for assaulting Medha Patkar. The court has recorded that, ‘the complainant in his cross admitted the proceedings of prosecution for assault as pending between him and the accused.’  The court records that, Medha Patkar had stated that, ‘since year 2000 the complainant  has been running  a campaign of spreading false and defamatory statement  and advertisement. She added that he had even physically assaulted  her in year 2002 and an FIR regarding  the same was at the stage of evidence in the Magistrate Court, Ahmedabad, Gujarat.’
A reading of the judgment indicates that this defamation complaint is not a stand-alone  complaint by an aggrieved individual but  rather  embedded within the larger history of the anti- dam agitation in Gujarat  headed by the Narmada Bachao Andolan and the attempt by the state to supress it using various instrumentalities.
The  Narmada Bachao Andolan (NBA) is one of India’s oldest peoples movements, and led by Medha Patkar, has been exposing the severe environmental impacts of big dams, especially on the Narmada river. The NBA has courageously brought to light the displacement of adivasis from their land and mobilized the people against a form of development which has done injustice to India’s poorest people. In their continuing struggle the NBA has faced enormous pushback both from the state as well as corporate interests. 

Prosecution of Medha Patkar: A SLAPPS Prosecution to silence and stifle rights defenders

The critical question is why was such a case of criminal defamation filed at all? The filing of the  case of defamation against Medha Patkar is nothing but a  weaponisation of law meant to silence, censor and intimidate viewpoints which challenge the dominant understanding of development. This phenomenon of seeking to control dissent through a heavy handed use of the law is a well-known strategy used by corporations as well as states and has been characterised as SLAPPS, which stands for `Strategic Litigation Against Public Participation’. SLAPPS suits, world-wide, have been filed against citizen defenders, rights activists, environmental defenders and others getting them caught up in a web of litigation which is time consuming, expensive and diverts attention from fighting battles for social and environmental justice.
Campaign against big dams or 'destructive development’ projects is construed as an act affecting economic security
The conviction of one of India’s most illustrious activists Medha Patkar for defamation is a timely reminder of the serious danger that the criminal law on defamation poses for human rights activists, environmental activists, anti-corruption activists and whistleblowers.  
Medha Patkar is a courageous activist who has been undeterred in her spirit which continues to fight for the dispossessed even after the verdict. In fact she sat on a  fast unto death, demanding  quick rehabilitation of  people  whose land was to be submerged, which she only lifted upon the assurance of the administrative authorities eight days later.  
Medha Patkar represents not only the NBA and the National Alliance of Peoples Movements (NAPM) but also stands in for all the courageous dissenters who seek to speak truth to power. The PUCL stands in solidarity with Medha Patkar in her courageous struggle against arbitrary power.   

Repeal sec 356 BNS: Defamation offence

The conviction of Medha Patkar was only possible because of the archaic law on defamation.   
While it may be the  role of the civil law to protect the reputation of an individual,  to threaten people with imprisonment though the use of the criminal law for damaging reputation is an abuse of the legal process. It is a travesty that criminal defamation still exists in our statute books as this colonial anachronism  has no place in a constitutional democracy.
However the  framers of the  Bharatiya Nyaya Sanhita, (BNS) which came into force on the 1st of July, 2024 have reproduced Section 499 of the IPC word for word as Section 356 of the BNS, confirming that  the decolonial nature of the three criminal laws is nothing but an eyewash. 
What is also troubling about the BNS is that if Medha Patkar were to be prosecuted today under the BNS,  apart from defamation, she could also be prosecuted under Sec. 113, BNS, which criminalises a terrorist act which is defined quite broadly to include acts affecting "economic security".  Similarly sec. 152 -- the new sedition law -- criminalises speech about ‘subversive activities’ and encouraging feelings  of separatist activities’ and can also be used target Medha Patkar speech and expression.  So a campaign against big dams or 'destructive development’ projects can be construed as an act affecting economic security or subversive and prosecuted under section 113/152 BNS!!
We are hopeful that the constitutional courts will overturn this unjust conviction of Medha Patkar.
We also demand that the criminal law on defamation, Section 356  of the  BNS be repealed.
-- Kavita Srivastava, (President),  V Suresh (General Secretary) 

Comments

TRENDING

From Kerala to Bangladesh: Lynching highlights deep social faultlines

By A Representative   The recent incidents of mob lynching—one in Bangladesh involving a Hindu citizen and another in Kerala where a man was killed after being mistaken for a “Bangladeshi”—have sparked outrage and calls for accountability.  

What Sister Nivedita understood about India that we have forgotten

By Harasankar Adhikari   In the idea of a “Vikshit Bharat,” many real problems—hunger, poverty, ill health, unemployment, and joblessness—are increasingly overshadowed by the religious contest between Hindu and Muslim fundamentalisms. This contest is often sponsored and patronised by political parties across the spectrum, whether openly Hindutva-oriented, Islamist, partisan, or self-proclaimed secular.

When a city rebuilt forgets its builders: Migrant workers’ struggle for sanitation in Bhuj

Khasra Ground site By Aseem Mishra*  Access to safe drinking water and sanitation is not a privilege—it is a fundamental human right. This principle has been unequivocally recognised by the United Nations and repeatedly affirmed by the Supreme Court of India as intrinsic to the right to life and dignity under Article 21 of the Constitution. Yet, for thousands of migrant workers living in Bhuj, this right remains elusive, exposing a troubling disconnect between constitutional guarantees, policy declarations, and lived reality.

Aravalli at the crossroads: Environment, democracy, and the crisis of justice

By  Rajendra Singh*  The functioning of the Ministry of Environment, Forests and Climate Change has undergone a troubling shift. Once mandated to safeguard forests and ecosystems, the Ministry now appears increasingly aligned with industrial interests. Its recent affidavit before the Supreme Court makes this drift unmistakably clear. An institution ostensibly created to protect the environment now seems to have strayed from that very purpose.

'Festive cheer fades': India’s housing market hits 17‑quarter slump, sales drop 16% in Q4 2025

By A Representative   Housing sales across India’s nine major real estate markets fell to a 17‑quarter low in the October–December period of 2025, with overall absorption dropping 16% year‑on‑year to 98,019 units, according to NSE‑listed analytics firm PropEquity. This marks the weakest quarter since Q3 2021, despite the festive season that usually drives demand. On a sequential basis, sales slipped 2%, while new launches contracted by 4%.  

Safety, pay and job security drive Urban Company gig workers’ protest in Gurugram

By A Representative   Gig and platform service workers associated with Urban Company have stepped up their protest against what they describe as exploitative and unsafe working conditions, submitting a detailed Memorandum of Demands at the company’s Udyog Vihar office in Gurugram. The action is being seen as part of a wider and growing wave of dissatisfaction among gig workers across India, many of whom have resorted to demonstrations, app log-outs and strikes in recent months to press for fair pay, job security and basic labour protections.

India’s universities lag global standards, pushing students overseas: NITI Aayog study

By Rajiv Shah   A new Government of India study, Internationalisation of Higher Education in India: Prospects, Potential, and Policy Recommendations , prepared by NITI Aayog , regrets that India’s lag in this sector is the direct result of “several systemic challenges such as inadequate infrastructure to provide quality education and deliver world-class research, weak industry–academia collaboration, and outdated curricula.”

The rise of the civilizational state: Prof. Pratap Bhanu Mehta warns of new authoritarianism

By A Representative   Noted political theorist and public intellectual Professor Pratap Bhanu Mehta delivered a poignant reflection on the changing nature of the Indian state today, warning that the rise of a "civilizational state" poses a significant threat to the foundations of modern democracy and individual freedom. Delivering the Achyut Yagnik Memorial Lecture titled "The Idea of Civilization: Poison or Cure?" at the Ahmedabad Management Association, Mehta argued that India is currently witnessing a self-conscious political project that seeks to redefine the state not as a product of a modern constitution, but as an instrument of an ancient, authentic civilization.

Why experts say replacing MGNREGA could undo two decades of rural empowerment

By A Representative   A group of scientists, academics, civil society organisations and field practitioners from India and abroad has issued an open letter urging the Union government to reconsider the repeal of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and to withdraw the newly enacted Viksit Bharat–Guarantee for Rozgar and Ajeevika Mission (Gramin) Act, 2025. The letter, dated December 27, 2025, comes days after the VB–G RAM G Bill was introduced in the Lok Sabha on December 16 and subsequently approved by both Houses of Parliament, formally replacing the two-decade-old employment guarantee law.