UPSC CARE Mains Practice 24th September 2025
Topic – Freedom of speech and expression
Q1. Criminal defamation has increasingly been used as a tool of intimidation rather than a legitimate means of protecting reputation. Critically examine the constitutional, legal, and democratic implications of continuing with criminal defamation in India. (15 marks, 250 words)
Introduction
Freedom of speech and expression, guaranteed under Article 19(1)(a) of the Constitution, is a cornerstone of democratic discourse. However, this freedom is subject to reasonable restrictions under Article 19(2), including on grounds of defamation. In India, defamation may be pursued through civil remedies such as damages and injunctions, or criminal liability under Sections 499–500 of the Indian Penal Code (IPC). While the Supreme Court in Subramanian Swamy v. Union of India (2016) upheld the constitutionality of criminal defamation, subsequent judicial observations have highlighted its disproportionate and often misused character.
Body
- Constitutional and Legal Tensions
- Judicial Concerns and Practical Challenges
- Democratic and Institutional Implications
- Comparative and International Perspectives
- Way Forward: Towards Balanced Reform
Conclusion
While protecting dignity and reputation is important, criminal defamation imposes a disproportionate restriction on free speech and undermines democratic debate. The judiciary’s own evolving concerns highlight the need for reform. Moving towards a civil-law-based framework, aligned with constitutional proportionality and global practices, would better balance the protection of individual reputation with the preservation of India’s vibrant democratic discourse.
UPSC Syllabus
Freedom of speech and expression
Why was this question asked?
Q. What do you understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (2014)
Introduction
Freedom of speech and expression, guaranteed under Article 19(1)(a) of the Constitution, is a cornerstone of democratic discourse. However, this freedom is subject to reasonable restrictions under Article 19(2), including on grounds of defamation. In India, defamation may be pursued through civil remedies such as damages and injunctions, or criminal liability under Sections 499–500 of the Indian Penal Code (IPC). While the Supreme Court in Subramanian Swamy v. Union of India (2016) upheld the constitutionality of criminal defamation, subsequent judicial observations have highlighted its disproportionate and often misused character.
Body
Constitutional and Legal Tensions
- The 2016 judgment equated reputation with the right to life under Article 21, thereby justifying criminal sanction.
- However, imprisonment for reputational injury raises questions under the doctrine of proportionality, which requires restrictions on fundamental rights to be least restrictive.
- Civil law remedies are generally adequate to redress reputational harm, suggesting criminal liability may be excessive.
Judicial Concerns and Practical Challenges
- Recent judicial remarks (e.g., Justice M.M. Sundresh, 2025) reflect unease at the expanding use of criminal defamation to deter criticism.
- Lower courts often issue summons mechanically, without assessing whether the speech actually crosses the threshold of defamation.
- This results in protracted litigation, burdens on accused persons, and judicial backlogs.
Democratic and Institutional Implications
- Criminal defamation, by attaching the threat of imprisonment to speech, creates a chilling effect on expression.
- Journalists and editors face risks of arrest and repeated court appearances, leading to self-censorship.
- Overbroad use of the provision can undermine the role of a free press, which is essential for democratic accountability.
Comparative and International Perspectives
- Several jurisdictions, including the UK, USA, and Sri Lanka, have abolished or diluted criminal defamation, relying on civil remedies instead.
- The UN Human Rights Committee has emphasised that criminal defamation laws are incompatible with the International Covenant on Civil and Political Rights (ICCPR), Article 19.
- India’s continued reliance on criminal defamation is increasingly seen as inconsistent with evolving global democratic standards.
Way Forward: Towards Balanced Reform
- Decriminalisation of defamation, limiting remedies to civil liability.
- Judicial safeguards: higher thresholds for issuing summons to prevent frivolous or vexatious cases.
- Law Commission review of defamation provisions in light of proportionality and international best practices.
- Civil law strengthening: ensuring swift damages, injunctions, and retractions to provide effective redress without criminal sanctions.
Conclusion
While protecting dignity and reputation is important, criminal defamation imposes a disproportionate restriction on free speech and undermines democratic debate. The judiciary’s own evolving concerns highlight the need for reform. Moving towards a civil-law-based framework, aligned with constitutional proportionality and global practices, would better balance the protection of individual reputation with the preservation of India’s vibrant democratic discourse.
Topic – Global gender equality
Q 2. The 80th UN General Assembly opened with landmark commitments under the Beijing+30 Action Agenda, pledging 212 actions for women and girls. Critically examine the significance of these pledges for global gender equality and their implications for India. (15 marks, 250 words)
Introduction
Women’s empowerment and gender equality remain central to sustainable development and inclusive governance. The Beijing Declaration and Platform for Action (1995) laid the foundation for global commitments on women’s rights, and its 30th anniversary (Beijing+30) was marked at the 80th session of the UN General Assembly (UNGA80) in September 2025. With 109 governments pledging 212 national actions, the event is seen as the strongest multilateral stand for women in decades, coming at a time when gender rights face renewed backlash globally.
Body
- Context and Significance of Beijing+30
- Scale of Global Commitments
- Institutional and Multilateral Dimensions
- Implications for India
- Challenges and Way Forward
Conclusion
The Beijing+30 Action Agenda at UNGA80 reflects renewed global commitment to gender equality, with 212 actions pledged at a time of growing resistance to women’s rights. For India, it offers both an opportunity and responsibility to strengthen national frameworks in line with international commitments. The success of these pledges will depend not merely on words, but on the policies, budgets, and courage nations deploy to ensure that the unfinished revolution for women’s rights moves closer to completion.
UPSC Syllabus
Global gender equality
Why was this question asked?
Q. Is the National Commission for Women able to strategize and tackle the problems that women face at both public and private spheres? Give reasons in support of your answer. (2017)
Introduction
Women’s empowerment and gender equality remain central to sustainable development and inclusive governance. The Beijing Declaration and Platform for Action (1995) laid the foundation for global commitments on women’s rights, and its 30th anniversary (Beijing+30) was marked at the 80th session of the UN General Assembly (UNGA80) in September 2025. With 109 governments pledging 212 national actions, the event is seen as the strongest multilateral stand for women in decades, coming at a time when gender rights face renewed backlash globally.
Body
Context and Significance of Beijing+30
- The Beijing Platform of 1995 remains the most comprehensive global framework on women’s empowerment.
- The 2025 pledges revive momentum by aligning with SDG 5 (Gender Equality) and the UN’s founding ideals of equal rights.
- The timing is significant: 30 years since Beijing, 15 years since the creation of UN Women, and 80 years of the UN itself.
Scale of Global Commitments
- 109 governments pledged 212 national actions addressing issues like women’s participation in decision-making, equal pay, reproductive health, and protection from violence.
- High participation: 155 speakers, including 15 heads of state, 10 heads of government (8 women), and 77 ministers.
- Symbolic leadership: Annalena Baerbock became the 5th female President of the UNGA, underlining women’s presence in global governance.
Institutional and Multilateral Dimensions
- Adoption of a resolution to revitalise the Commission on the Status of Women (CSW) ensures stronger monitoring of commitments.
- The UN Secretary-General termed women’s rights “global imperatives,” emphasising that equality is not a partisan cause.
- The pledges reinforce multilateralism at a time of fragmentation and backlash against gender rights worldwide.
Implications for India
- As a signatory, India is expected to align Beijing+30 pledges with its national frameworks.
- Possible areas of focus:
- Political representation: Building on 33% reservation in local bodies and the 2023 Women’s Reservation Bill for Parliament/Assemblies.
- Economic empowerment: Bridging the gender gap in labour force participation.
- Social indicators: Improving maternal health, education outcomes, and protection from gender-based violence.
- India’s experience with initiatives like Beti Bachao Beti Padhao and Maternity Benefit Act can feed into global best practices.
Challenges and Way Forward
- Translating pledges into action requires adequate budgets, policy reforms, and institutional courage, as highlighted by UN Women.
- Need for intersectional approaches that address rural women, marginalised groups, and women in conflict zones.
- Building accountability frameworks at national and global levels to ensure that commitments are not symbolic.
- Encouraging greater male participation and societal attitudinal change to sustain reforms.
Conclusion
The Beijing+30 Action Agenda at UNGA80 reflects renewed global commitment to gender equality, with 212 actions pledged at a time of growing resistance to women’s rights. For India, it offers both an opportunity and responsibility to strengthen national frameworks in line with international commitments. The success of these pledges will depend not merely on words, but on the policies, budgets, and courage nations deploy to ensure that the unfinished revolution for women’s rights moves closer to completion.
