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vi. The Preamble to the Constitution plays an important role in interpreting the freedoms mentioned in Article 19. The ideals mentioned in the Preamble cannot be divorced from the purpose and objective of conferring the rights. The freedom of speech and expression under Article 19(1)(a) must take colour from the goals set out in the Preamble and must be read in the light of the principles mentioned therein. The Preamble seeks to promote “Fraternity assuring the dignity of the individual and the unity and integrity of the Nation”. In its widest meaning and amplitude, fraternity is understood as a common feeling of brotherhood. While justice, liberty and equality have been made justiciable rights under the Constitution, the idea of fraternity has been used to interpret rights, especially horizontal application of rights. The Preamble consciously chooses to assure the dignity of the individual, in the context of fraternity, before it establishes the link between fraternity and unity and integrity of India. The rights enshrined in Part III have to be exercised by individuals against the backdrop of the ideal of fraternity, and viewed in this light, Article 19(2) incorporates the vision of fraternity. Hence, the restriction imposed by the statutory provision satisfies the content of constitutional fraternity. The fraternal ideal finds resonance also in Part IVA of the Constitution. Article 51-A of the Constitution, which deals with the fundamental duties of a citizen, makes it a duty “to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women”. In fact, this Court has held that Part IVA could be used as an interpretative tool while assessing the constitutional validity of laws, especially in the context of restrictions imposed on rights. Judged on the anvil of the aforesaid constitutional norms, the provisions pertaining to criminal defamation withstand scrutiny. The principal objective of the law of defamation, civil or criminal, is to protect the reputation and dignity of the individual against scurrilous and vicious attacks. Section 44 of IPC defines injury as “any harm whatever illegally caused to any person, in body, mind, reputation or property.” The said section demonstrates that the harm caused to the mind and reputation of a person, protected by the right to dignity, is also treated as injury in the eyes of law, along with the harm caused to body and property. From the Preamble to the provisions in Part III, it is clear that the aim of the Constitution has been to protect and enhance human dignity. Reputation in general, and dignity in particular, are enablers of rights which make the exercise of other rights guaranteed in the Constitution more meaningful. Dignity of a person is an affirmation of his/her constitutional identity and the individual reputation is constitutionally protected as a normative value of dignity. Laws relating to initiation of civil as well as criminal action are, therefore, permissible and withstand assail on their constitutionality.

18. Submissions of learned Amicus Curiae Mr. K. Parasaran, Sr. Advocate i. There has to be a harmonious interpretation of Article 19(1)(a) read with Articles 19(2) and 21. This has to be done by adverting to Articles 13(3), 366(10), 372 (Explanations I and II), and also Article 14, the Preamble, Part III and Part IV of the Constitution. There is a need to interpret Article 19(2) by considering as to whether it includes: a) Defamation as an offence with punishment of imprisonment and/or fine on being proved guilty, or; b) Defamation as a civil wrong with liability for damages for the injury caused to reputation, or; c) both of the above. The word “defamation” in Article 19(2) includes defamation as an offence as well as a civil wrong. The above two cannot be considered in isolation while interpreting Article 19(2). ii. The question for determination is whether the word “defamation” used in Article 19(2) has reference to the Indian Penal Code (statutory law) as an indictment, or tort of the work “defamation” after “contempt of court” (which includes criminal contempt) and before the phrase “incitement to an offence”, both being penal in nature. Applying the principle of ‘noscitur a sociis’, the word “defamation” is not to be interpreted only as civil defamation. Applying the principle of ‘nomen juris’ the word “defamation” must necessarily refer only to IPC, since there is no other statute in existence that defines “defamation”. iii. The Preamble to the Constitution opens with the word ‘Justice’. It is the concept of Dharma. The foundation of administration of Justice after the advent of the Constitution is the motto ‘yato dharmastato jayaha’. Judge-made law, insofar as the right to life is concerned, is to protect the inherent right to reputation as part of the right to life. No one can be deprived of that right except according to the procedure established by law. The word “law” in Article 21 has to necessarily bear interpretation that it is procedure established by plenary legislation only. Whenever any right conferred by Part III is abridged or restricted or violated by “law”, as widely defined in Article 13 for the purposes of that Article, are rendered void. Right to reputation is an inherent right guaranteed by Article 21. Duty not to commit defamation is owed to the community at large, because the right to reputation is a natural right. The personality and dignity of the individual is integral to the right to life and liberty and fraternity assuring dignity of an individual is part of the Preamble to the Constitution. The right to life or personal liberty includes dignity of individuals which is so precious a right that it is placed on a higher pedestal than all or any of the fundamental rights conferred by Part III. The right to reputation is an inherent right guaranteed by Article 21 and hence, the right to freedom of speech and expression under Article 19(1)(a) has to be balanced with the right under Article 21 and cannot prevail over the right under Article 21. iv. The test of reasonableness has been invariably applied when deciding the constitutionality of a plenary legislation. As Article 19(2) itself uses the words “existing laws” and “defamation”, and as the offence of defamation is defined in Section 499, it must be held to have been incorporated in the Constitution at least to the extent it is defined in Section 499 (‘nomen juris’). It is, thus, not open to challenge as being an unreasonable restriction for there is no other law that defined “defamation”.