Search Results for: judicial censorship

Judicial Censorship, Prior Restraint, and the Karnan Gag Order

When the only weapon you have is a hammer, every problem looks like a nail. In recent times, the judiciary’s approach to the freedom of speech and expression seems to be proving this adage true. In response to people saying … Continue reading

5 Comments

Filed under Contempt of Court, Free Speech, judicial censorship

Judicial Censorship and Judicial Evasion: The Depressing Story of Jolly LLB 2

In 2013, Jolly LLB, a comedic satire about the Indian legal profession, ran into legal trouble. Two lawyers initiated “public interest litigation” in the Delhi High Court, asking the Court to direct the Film Certification Board to cancel the license that … Continue reading

6 Comments

Filed under Free Speech, Judicial Evasion

Judicial censorship: A dangerous, emerging trend

Last week, the Indian Express reported that in proceedings before the Supreme Court, the Additional Solicitor General was asked by the bench about how the State planned to regulate “explicit” pictures on condom packets. The case seems to have arisen out of … Continue reading

8 Comments

Filed under Article 21 and the Right to Life, Free Speech

The Illegality of the Supreme Court’s National Anthem Order

In an order dictated today, a two-judge bench of the Supreme Court, headed by Dipak Misra J., directed all cinema halls across the country to play the national anthem before every film, along with the Indian flag on the cinema … Continue reading

42 Comments

Filed under Free Speech, judicial censorship

The Madras High Court’s Perumal Murugan Judgment: Some Concerns

The Madras High Court’s Perumal Murugan judgment, which was delivered two days ago, has come in for some high praise from various quarters. Much of this praise is deserved. The High Court invalidated the clearly coercive “settlement” that the police … Continue reading

9 Comments

Filed under Ambedkar, Fraternity, Free Speech, Hate Speech, Obscenity

ICLP Book Discussion: Anuj Bhuwania’s ‘Courting the People’ – V: The Author Responds

(We close our discussion of Anuj Bhuwania’s Courting the People: Public Interest Litigation in Post-Emergency India, with a response by the author). — I want to begin with a note of sincere thanks to Gautam Bhatia for initiating this intense discussion … Continue reading

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Filed under Book Discussions, Courting the People, Public Interest Litigation

ICLP Book Discussion: Anuj Bhuwania’s ‘Courting the People’ – II: Shields, Swords, and Where Do We Go From Here?

(We continue our discussion of Anuj Bhuwania’s new book, Courting the People: Public Interest Litigation in Post-Emergency India, that began with an introductory post last week). — I do not have much by way of substantive disagreement with the seven theses … Continue reading

5 Comments

Filed under Book Discussions, Courting the People, Public Interest Litigation

On Reasonable Restrictions and the First Amendment

In The Hindustan Times, Avantika Mehta has written a perceptive review of Offend, Shock, or Disturb: Free Speech under the Indian Constitution. In particular, I found this observation interesting, and one that calls for a response: “… when Bhatia discusses hate speech … Continue reading

3 Comments

Filed under Free Speech

The Supreme Court’s Criminal Defamation Judgment: Glaringly Flawed

In a judgment delivered today, a two judge bench of the Supreme Court rejected the constitutional challenge to criminal defamation, and upheld the validity of Sections 499 and 500 of the Indian Penal Code. The opinion was written by Justice … Continue reading

26 Comments

Filed under Defamation, Free Speech

The Striking Down of Section 66A: How Indian Free Speech Jurisprudence Found its Soul Again

In the best piece of free speech news since 1960, the Supreme Court on Tuesday struck down Section 66A of the IT Act, that criminalised “grossly offensive”, “menacing” and “annoying or inconvenient” speech over the internet. There has been a … Continue reading

6 Comments

Filed under Free Speech, Internet Freedom, IT Act