Yes. The right to reputation has been considered as a facet of fundamental right, being a facet of the right to life under Article 21 of the Constitution. It has been declared so in several cases decided by the Supreme Court, the latest being the case of Subramanian Swamy v. Union of India, (2016) 7 SCC 221 : 2016 Cri LJ 3214 : AIR 2016 SC 2728.
For example, in the case of Board of Trustees of the Port of Bombay v. Dilipkumar Raghavendranath Nadkarni, (1983) 1 SCC 124, the Supreme Court observed as under:
“…Article 21 which mandates that no one shall be deprived of his life or liberty except in accordance with the procedure prescribed by law. The expression “life” does not merely connote animal existence or a continued drudgery through life. The expression “life” has a much wider meaning. Where therefore the outcome of a departmental enquiry is likely to adversely affect reputation or livelihood of a person, some of the finer graces of human civilization which make life worth living would be jeopardised and the same can be put in jeopardy only by law which inheres fair procedures.”
Relying, inter alia, on the above observations in Dilipkumar Raghavendranath Nadkarni case, in the case of State of Bihar v. Lal Krishna Advani, (2003) 8 SCC 361 : AIR 2003 SC 3357, the Supreme Court held that:
“It is thus amply clear that one is entitled to have and preserve one’s reputation and one also has a right to protect it. In case any authority, in discharge of its duties fastened upon it under the law, traverses into the realm of personal reputation adversely affecting him, it must provide a chance to him to have his say in the matter. In such circumstances right of an individual to have the safeguard of the principles of natural justice before being adversely commented upon by a Commission of Inquiry is statutorily recognised and violation of the same will have to bear the scrutiny of judicial review.”
The right to reputation is a facet of right to life of a citizen under Article 21 of the Constitution. [see: (a) State of Maharashtra v. Public Concern for Governance Trust, (2007) 3 SCC 587; (b) Deepak Bajaj v. State of Maharashtra, (2008) 16 SCC 14; Sukhwant Singh v. State of Punjab, (2009) 7 SCC 559.]
Recently, in the case of Subramanian Swamy v. Union of India, (2016) 7 SCC 221 : 2016 Cri LJ 3214 : AIR 2016 SC 2728, the Supreme Court observed that the reputation is an inextricable aspect of right to life under Article 21 of the Constitution. It was further held that the right to free speech cannot mean that a citizen can defame the other. Protection of reputation is a fundamental right. It is also a human right. Cumulatively it serves the social interest.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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