Religious Offence and Censorship of Publications: An Enquiry through the Prism of Indian Laws and the Judiciary

Cover
Half Title
Title Page
Copyright Page
Dedication
Table of Contents
Acknowledgements
List of Abbreviations
List of Cases
Introduction
	Freedom of Speech and Expression and Legal Intervention: A Comparative Perspective
	Censorship and the Role of the Courts
	Notes
Chapter 1: Censorship of Publications in Colonial India: The Genesis of a Legal Idea
	Press Censorship and Its Opposition in the Early Nineteenth Century
	British Attitudes towards Free Expression in Colonial India
		Regulating Free Speech through Law: The Indian Penal Code (IPC) and Legal Provisions
		The British Raj and ‘Selective Censorship’
	The Indian Nationalists’ Position on the Question of Freedom of Expression
		Communal Consciousness during the 1870s and the Role of Freedom of Speech and Expression
		The Rangila Rasul Controversy and the Making of Section 295(A)
			The Case in the Lahore High Court
			The Bill in the Legislature
		The Nationalist Discourse and the Dichotomy over Freedom of Expression
	Conclusion
	Notes
Chapter 2: Freedom of Expression and Religious Vilifications: Decoding the Constitutional and Legal Definition of ‘Limits’
	The Constituent Assembly and the Idea of Freedom of Speech and Expression in the Constitution
	CAD and the Central Concerns regarding Freedom of Expression
		The Fear of Continuing Aspects of British Rule
		Uncompromising Faith in the Judiciary
		Responding to the Complicated Context
			The Location of the Value of Liberty in Relation to Equality and Fraternity
			Individual Rights versus Group Rights in the Constitutional Vocabulary
			Freedom of Speech and Expression and the Issue of ‘Communal Hatred’
	Constitutional Amendments and Other Legal Apparatuses
	Amendment of Statutory Laws and Its Implication for Freedom of Speech and Expression
	Attitude of the Lawmakers towards Freedom of Speech and Expression in Independent India
	Conclusion
	Notes
Chapter 3: Preventing Religious Offence: Law, Courts and Freedom of Expression
	Religious Offence and Restrictions to Freedom of Speech and Expression
	Understanding ‘Religious Offence’ in the Light of Statutory Laws: A Perspective from Indian Courts
		The Matter versus Manner Conundrum
		Extending the Reach of Law: Separating ‘Punitive’ and ‘Preventive’ Actions
	Restricting Freedom of Expression: Courts and the Justifications for Legal Intervention
		Public Order and the Issue of Religiously Offensive Publications
		Secularism and the Protection of the Right to Conscience and Religion
	Conclusion
	Notes
Chapter 4: Law and Legal Process as Hurdles
	The Procedural Dimensions of the Legal Process as a Hurdle to Freedom of Speech and Expression
		Spurious Charging and Overcharging
		The Liberty to Lodge a Case against the Book or Author/Publisher in Any Part of the Country
		The Issue of Delay in Judgements
	The Functional Dimensions of the Legal Process as a Hurdle to Freedom of Speech and Expression
		The Court’s Interest in Free Speech Cases
		The Problem of Conflicting and Confusing Precedents
			The Operative Part of Government’s Action
			The Evaluative Aspects of the Government’s Decision
	Pulping of Wendy Doniger’s The Hindus: An Alternative History : A Case Study
		The Role of Law and the Legal Process in Penguin’s Surrender
	Conclusion
	Notes
Chapter 5: Non-state Actors as Censors: The Legal Position
	Trivializing the Role of the Court in the Politics of Censorship
		Banning The Satanic Verses and Public Debate over Law
		The Curious Case of Dwikhandito and the Role of the Courts
			Muslim Groups and Nasreen’s Submission
	The Debates over Censorship in India and the Role of Non-state Actors
	Conclusion
	Notes
Conclusion
	Governing Freedom of Speech and Expression in India
	Freedom of Speech and Expression and ‘Reasonable Restrictions’
	Notes
References
	Government Publications
Index