The Chilling Effect of Criminal Contempt

Context: The Supreme Court taking up contempt proceedings have chilling effects (discouraging or deterring effect) on civil liberties in a democratic system.

Issues related to contempt proceedings in India:

• Wide definition: Law of contempt as having a vague and wandering jurisdiction, with uncertain boundaries (Justice V.R. Krishna Iyer).
• Asynchronous with democracy: A law for criminal contempt is asynchronous with freedom of speech and expression of citizens. 

• Showing extreme deference to judges does not sit well with the idea of a democracy.

• Loose use of the test of loss of public confidence: indicates that courts will not suffer any kind of critical commentary.
• Truth and good faith were not recognised as valid defences until 2006 when the Contempt was amended. 

• Despite that, the Delhi High Court proceeded to sentence the employees of Mid-Day for contempt of court.

• Parallel with the executive: The judiciary finding itself at an uncanny parallel with the executive, in using contempt laws for a chilling effect.

• Obsolete abroad: Contempt has become obsolete in foreign democracies by recognizing it as an archaic law. 

Way Forward:

• Need to revisit the need for a law on criminal contempt, and also the test for contempt needs to be evaluated.
• Proper examination: Contempt proceedings should examine whether the contemptuous remarks in questions obstruct the Court from functioning. 
• Contempt should not be allowed to be used as a means to prevent any and all criticism of an institution.
• Prioritize: take up matters of absolute urgency in these uncertain times, instead of taking contempt proceedings