Contempt of court refers to actions that disrespect or undermine the authority of the judiciary, impacting its ability to administer justice effectively. In India, contempt of court is governed by the Contempt of Courts Act, 1971, and the Constitution of India.
Purpose: Protects judicial institutions from motivated attacks and unwarranted criticism, maintaining the authority of the courts.
Legal Basis:
One of the restrictions on freedom of speech and expression under Article 19 (2) of the Constitution of India.
Article 129 grants the Supreme Court the power to punish for contempt of itself.
Article 215 grants a similar power to High Courts.
Statutory backing is provided by the Contempt of Courts Act, 1971.
Types of Contempt of Court:
Civil Contempt:
Section 2(b) of the Act of 1971:Wilful disobedience of any court’s judgment, decree, direction, order, writ, or process, or wilful breach of an undertaking given to the court.
Criminal Contempt:
Section 2(c) of the Act of 1971: Publication or action that scandalizes or lowers the authority of any court.
Interference with the due course of judicial proceedings or obstruction of justice.
Punishment for Contempt of Court:
Imprisonment up to six months or fine up to Rs 2,000.
Or both imprisonment and fine.
2006 Amendment:
Added “truth and good faith” as a defense.
Court may impose punishment only if the act substantially interferes with justice.
Criticisms of Contempt of Court Proceedings:
Colonial Legacy: Criticized as a remnant of British colonialism, whereas such laws have been abolished in the UK.
Scope of Contempt: Calls to restrict contempt to “wilful disobedience” and remove provisions related to “scandalizing the court.”
Judicial Overreach: Concerns that contempt proceedings may lead to judicial overreach.
Judicial Backlog: High number of contempt cases pending in various High Courts and the Supreme Court delays justice.
Way Forward:
Balance with Freedom of Speech: Ensure restrictions on freedom of speech are minimal and only as needed to maintain judicial legitimacy.
Guidelines and Process: Develop rules and guidelines defining the process for taking criminal contempt actions, ensuring adherence to principles of natural justice and fairness.
The Contempt of Courts Act, 1971, demands thorough examination and potential reform to address longstanding ambiguities and concerns. The judiciary's dedication to upholding democratic principles, particularly freedom of expression, will be essential in maintaining the delicate balance between safeguarding the authority of the court and protecting citizens' rights in the future.
