When court can grant mandatory injunction to protect reputation of plaintiff?

This illustration refers to the offence of defamation under the Indian Penal Code and the power of the Court to grant mandatory injunction when a prima facie case is made that the reputation of a person or persons is involved in the suit. In those circumstances, it is open to the Court to put an end to the threat of defamation by a mandatory injunction. When we are dealing with a case of defamation we are dealing with personal rights, viz., right to live in dignity and the right to live without one's reputation being besmirched by others. Loss of reputation and consequent loss of character and dignity in one's life cannot be compensated in terms of money. Plaintiffs have advisedly claimed one rupee as damaes In he circumstances Defendants 4 to 8 should be restrained for a temporary period from exhibiting the film in question.

Karnataka High Court

Sonakka Gopalagowda Shanthaveri ... vs U.R. Anantha Murthy And Ors. on 2 December, 1987

Equivalent citations: AIR 1988 Kant 255

Bench: P Bopanna

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Right to one's reputation is a personal right protected under Article 21 of constitution

 Allegations against any person if found to be false or made forging some one else signature may affect his reputation. Reputation is a sort of right to enjoy the good opinion of others and it is a personal right and an enquiry to reputation is a personal injury. Thus, scandal and defamation are injurious to reputation. Reputation has been defined in dictionary as “to have a good name; the credit, honor, or character which is derived from a favourable public opinion or esteem and character by report”. Personal rights of a human being include the right of reputation. A good reputation is an element of personal security and is protected by the Constitution equally with the right to the enjoyment of life, liberty and property. Therefore, it has been held to be a necessary element in regard to right to life of a citizen under Article 21 of the Constitution. International Covenant on Civil and Political Rights 1966 recognises the right to have opinions and the right of freedom of expression under Article 19 is subject to the right of reputation of others. Reputation is “not only a salt of life but the purest treasure and the most precious perfume of life.”

Supreme Court of India

Umesh Kumar vs State Of A.P.And Anr. on 6 September, 2013

Citation;(2013) 10 SCC 591

REPORTABLE

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