Politics of perception & defamation

Enlightment thinkers have rejected the authoriity of medieval belief in divine rights of King and upheld the freedom of individual to think for themselves. Rene Descartes say I think, therefore I am. Enlightment thinker also feels that people should have a say in their government. The elections are basically seeking a collective say of the people in governance. Does it happen realy? Or people are forced by the Political Parties, to think, the way, party want? I am of the view that the Political Strategist are capable to force the people to think, the way, they want. This collective thinking or hypnotism or mesmire, which is being created by the parties over a period of time can be referred to as Political Wave or rather we can say that selected information disseminated by a political outfilt against its political opponent plays a pivotal role in election.

We must have noticed that whenever Election Commission of India declare, dates for election, people start getting shocking revelation about rulling party and its ministers etc by the political opponent, some of revelation when tested before court of law by proof and evidence, fail the priliminary test, but for a short period itself,  such revelation tarnishes the image of candidate or leader or party. So the Political Opponent reveals such information about the candidate or leader or party to built a negative perception, because politics is all about the perception. It is  the one thing that gets people elected and governments defeated. We must remember the general election of Year 1989, wherein the Rajiv Gandhi Government was under public scrutiny due to various mishaps such as the Bofors Scandal, Civil War and Rising of Terrorism in Punjab, but the central issue was Bofors Scandal and because of which Rajiv Gandhi Government defeated in general election. Again in 2013 Delhi Assembly election, mighty Shiela Dixit Government got defeated by nascent AAP. Thus the problem for a politician is that how he is perceived is not always in his hands. During the 15 years of tenure, Delhi Government under Shiela Dixit has done good job despite there being number of constrains, but the perception being created by AAP and BJP about the Government being corrupt, defeated the Congress Party in Assembly Election, 2013 and made its presence in 2015 negligible.

The Politics of perception has clearly been understood by AAP and they are best in creating the wrong perception about their political opponent. Now take the example of Satish Upadhya, State BJP Chief, the company in which he was director was supplying Electricity Meter to BSES, but AAP and Its Central Leadership has twisted it differently and made a political attack on BJP. Thus, realising the power of perception and propaganda, political parties specifically AAP is attacking to other party resulting into exchange of Legal Notices and filing of Defamation Suits or Defamation Complaints before the Court of Law, however, I am sure that till the time, real trial start, all suits/complaints shall either be compromised or be withdrawn for non prosecution etc and if we analyse the data, hardly court have convicted any politician in Defamation Case under Section 499 read with Section 500 of IPC.

Now here point comes, after all what is defamation, Salmonds defines the wrong of defamation as the publication of a false and defamatory statement about another person without lawfull justification. Section 499 of IPC which criminalise wrong of defamation defines defamation means whoever by words, either spoken or intended to be read, or by signs or by visible representation, makes or publishes any inputation concerning any person intending to harm, or knowing or having reason to believe that such inputation will harm, the reputation of such person, is said to defame that person. In criminal defamation, burden rests on the complainant or prosecution to prove beyond reasonable doubt that there was an offence of defamation committed and there was intent to do so and Accused has to substantiate that they are protected by one of the 10 exceptions enumerated under Section 499 of IPC and considering the various contrains, procedural and other, judgement on the complaint can be expected to come within 2-3 years. Till the time memory of the people may fade away and they wont be interested, seriously noting the outcome of the proceedings, even if court convict the accused for maligning and harming the reputation of the Complaint. Moreso, Accused got the right to appeals to the Higher Courts. So the point I am making here is that one, astute politician and party wihtout any substance can seriously jeopardise the reputation of his political opponent and enjoy the Power atleast for 5-10 years and I think, AAP and its leaders have learnt  that very well.