Introduction:

In the matter of Smti. Ananta vs. Sri Ramchander and another, Case No. SA 7 of 2024, the Calcutta High Court’s circuit bench at Port Blair delivered a significant ruling concerning defamation through public media. The dispute involved Smti. Ananta (the appellant-wife) and Sri Ramchander (the respondent-husband), where allegations of an alleged second marriage made publicly by the wife led to a claim of defamation by the husband. The Court, led by Justice Supratim Bhattacharya, adjudicated upon critical issues relating to the reputation, emotional distress, and the right to dignity protected under Article 21 of the Constitution of India.

Arguments of Both Sides:

The appellant-wife, Smti. Ananta, in her defence, attempted to justify the publication of the notices that accused her husband of attempting to marry another woman despite the subsistence of their marriage. She asserted that the notices were issued based on information she had received, although she could not substantiate this information with evidence. During cross-examination, she admitted that she did not know the name of the woman with whom her husband was allegedly planning to marry and also failed to disclose the identity of the person who had informed her about such an event. Thus, her principal defence was weakened by the absence of proof, and she conceded that the public notices were issued without proper verification. On the other hand, the respondent-husband, Sri Ramchander, argued that the publication of such baseless and unverified allegations in a widely circulated newspaper like “The Daily Telegram” had caused severe harm to his reputation, goodwill, and mental peace. He contended that such defamatory publication not only injured his social standing but also led to emotional distress, thus justifying a claim for damages under the law of torts. He submitted that his dignity, as protected by Article 21, was compromised and urged the Court to grant compensation to redress the harm suffered. The husband emphasised that the publication was made intentionally and maliciously without any proof, thereby squarely falling within the definition of defamation.

Court’s Judgment:

After examining the facts, evidence, and the admissions made during the trial, the Calcutta High Court firmly held that Smti. Ananta was guilty of publishing defamatory content against her husband without any substantiated evidence. Justice Supratim Bhattacharya, while analysing the impact of such publication, observed that Smti. Ananta neither disclosed the source of her information nor could she name the alleged woman involved with her husband. The Court found that the allegations were serious and, being published publicly through a newspaper, had the effect of tarnishing the husband’s reputation amongst the residents of the Andaman and Nicobar Islands. It was highlighted that publishing notices implicating a person in acts like bigamy, without sufficient basis, squarely fell within the scope of defamation and degraded the goodwill of the individual involved. The Court further noted that under the Law of Torts, while incarceration is not permissible as a remedy, awarding damages serves the dual purpose of compensating the aggrieved party and acting as a deterrent against such irresponsible acts. Reiterating the fundamental right to live with dignity enshrined under Article 21, the Court observed that any baseless publication causing unwarranted emotional distress and humiliation could not be tolerated. In quantifying the damages, the Court recognised the pain and trauma endured by the husband due to the unverified and defamatory notices and accordingly awarded ₹1 lakh as compensation. Justice Bhattacharya underlined that although the damages awarded are symbolic, they carry an important message to society to maintain responsibility and accountability when making public allegations. The judgment concluded with a strong emphasis on the need for prudence before resorting to public media for airing personal grievances and reiterated the sanctity of one’s reputation in society.