Legality of Book Banning

62
LEGALITY OF BOOK BANNING Subject – Law and Language Submitted To – Dr. Prassananshu Submitted By – Hemant Kothari Roll No. – 31BALLB2011

description

The project covers instance of books, which were banned and discusses the validity in the eyes of the general conscience.

Transcript of Legality of Book Banning

Page 1: Legality of Book Banning

LEGALITY OF BOOK BANNING

Subject – Law and Language

Submitted To – Dr. Prassananshu

Submitted By – Hemant Kothari

Roll No. – 31BALLB2011

2011

National Law University, Delhi

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TABLE OF CONTENTS

Serial No.

Chapter Page

1 Acknowledgements 1

2 Introduction 2

3 Methodology 4

4 Observation table 6

5 Analysis & results 21

6 Discussion 24

7 Conclusions 28

8 References 30

ACKNOWLEDGEMENTS

I feel very privileged in expressing my gratitude to Dr. Prasannanshu without whose help, I

would not have been able to complete my project. I would also like to thank my parents for

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encouraging me to complete this project and my elder sister, who helped me in completion of

my project by giving her valuable insights to the topic.

I would also express my thanks to all those friends, who helped me directly or indirectly in

my research work.

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INTRODUCTION & BACKGROUND

"Don't join the book burners. Don't think you are going to conceal thoughts by concealing evidence that they ever existed."

-- Dwight D. Eisenhower, speech at Dartmouth College, June 14, 1953

"The books that the world calls immoral are the books that show the world its own shame."-- Oscar Wilde, The Picture of Dorian Gray, 1891

Historically, religious and cultural disagreements have driven emperors, religious leaders,

and members of the ruling class to curtail readership. (Manchanda,2011) The practice of

book banning has its origin from the time the books were started to be written. In earlier

times, it was referred as book burning as books were burned to symbolize the banning of the

book. Since then the practice of book banning is still continued in every part of the world on

different grounds of which some may be logical but in most of the cases it doesn’t seem to

be. In other words, book banning can be characterized as a civilized form of book burning.

(A.G. Noorani, 2007)

In simple words, book banning is the practice of banning those books, which in any way

affect the social, cultural and political order of the society or may arouse hatred or enmity

among different groups or communities of the society, etc.. The justifications for banning a

book are always open to different interpretations by different people. There is no definite

standard of evaluating any book and to justify the above mentioned reason for banning that

book. That being the state of affairs the topic of book banning has been widely debated in the

past and is still debated. In a case of book banning, generally it appears to have active

participation of three groups viz. the writer and the publishers of the book, the affected group

or community, which may be called as pressure group and the state or government, which

bans the book following the due process of law (in most of the cases in India, it hasn’t

followed the due process of law). Thus, the legality of book banning can be discussed by

evaluating the stands of all the parties on their respective legal and logical basis.

To ban a book in India, the government takes recourse to two statutes. One is the Customs

Act 1962, by this act the government prevents the import of the books in India, thus, in a way

prevent the circulation of the book to be banned. The other method is to confiscate the books

published or sold in India. This power is derived from section 95 of Criminal Procedure

Code 1973, which empowers the state government to declare “forfeited to the government”

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any newspaper, document or book which, in its opinion, offends against the following

provisions of the penal code; namely, S 124-A (“sedition”), S 153-A (promoting ill will

“between different…groups” based on religion, language, caste, etc), S 153-B (imputing

disloyalty to the country to any such group); S 292 (obscene literature); S 293 (sale of

obscene literature to the young); or S 295-A (insult to religious feelings of any group of

citizens with “deliberate and malicious intention of outraging the religious feelings” of that

class). (Noorani, 2011)

The government, however use these provisions to serve its political intentions. There are

many instances of book banning, where the governments have banned the books invoking the

above mentioned sections of Indian Penal Code and subsequently, the judiciary has also

quashed these unqualified bans, securing the freedom of expression of the citizens.

Before independence, these provisions to ban the books or any other document were used by

the Britishers to suppress the rise of Indian nationalism. The raj used to ban all those books or

publications, which aroused patriotism in the people of India, on the ground of sedition or

being anti- government. This legacy of banning the books was also inherited by the

independent India. After independence, book banning has been utilised as a tool to serve the

political ends of the parties. It has been used to arouse the religious sentiments of the people

and placate them so as to gain votes from different religious groups. It can be inferred from

the fact that most of the books, which are banned after independence, are concerned to any

religion or any historical hero (for example-Rama Untold, The Satanic Verses, Dwikhndito,

Shivaji: Hindu King in Islamic India). Book banning has been used in the recent past as a

political tool, for example, Rohinton Mistry’s novel Such a Long Journey was scrapped from

the syllabus of the University of Mumbai, at the protest led by Udhav Thackeray’s son, who

was also the student of the university. Journalists and think tanks perceived this act as a

publicity stunt for the heir of the Thackeray regime. There is always a political lineage behind

banning of books.

The trend of banning of book in India is decreasing with the passage of time. This welcoming

decrease in the trend shall be attributed to the active role of Judiciary in India, which has

presented a liberal outlook towards book banning and limited the scope of grounds of book

banning. Although the lower judiciary is not yet participating in this trend but the trend is

being perpetuated by the higher judiciary.

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METHODOLOGY

The researcher has employed the method of doctrinal research which implies the collection

and analysis of data from secondary research materials such as books, articles, etc. The

research is not based on empirical method of research which includes surveying, collection of

primary data through questionnaires, etc.

The project has been prepared with the dual approach of analyzing the legality of book

banning. The dual approach of the project includes a study and analysis of articles on book

banning and the study of specific instances of book banning and its political, social and legal

implications followed by application of general findings of the observation table on those

instances of book banning.

In the observation table, the researcher has mentioned, observed and analyzed all those

articles, which have been studied for the purpose of this study. The observation table includes

five columns viz. Serial number, source, observation, Comments of the researcher and the

key words. Under the column of observation, some excerpts of the mentioned article in the

respective source column have been taken. Having taken the observations from an article, the

researcher has given his comments on that excerpt or on the article. The column of key words

is significant in giving a direction to the observation table. In the column of key words, the

observation of an article has been characterized as political, social, religious, historical or

judicial issue. The broad five categories of classification need to be explained, so that the

reader can conveniently identify the nature of observation and the reason of it being classified

under a specific category. The explanation is as follows:

1. Political Issues – Under this category, those observations have been classified, which

hints at book banning being used as a political tool by the politicians to serve their

political interests or where the observation has identified a political understanding to

the issue of book banning.

2. Social Issues – It is the broadest category, which includes issues related to public

morality, public sentiments, intellectual heritage, obscenity, level of tolerance,

apartheid sentiments, deteriorating literary ambition due to book banning, etc.

3. Religious Issues – This category includes those observation in which the religious

sentiments or the allegiance of people towards a specific historical hero is taken into

consideration while reflecting upon the issue of book banning.

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4. Historical Issues – This category includes those deliberations on book banning which

takes into consideration the significance of historical facts or in some way depicts the

historical aspect of book banning.

5. Judicial Issues – In the recent times, there have been a trend of judicial liberalism

towards the issue of book banning. Thus, this category has included those

observations which talks about such trend or which demonstrates the judicial or legal

point of view towards the issue of book banning. For example, the discussion on the

curtailment of freedom of speech and the justification of restrictions on freedom of

speech, if any.

The observation table has been divided into three broad categories viz. Journal Articles,

General Articles and Newspaper & Magazine Articles. The observation table contains 26

articles and 47 observations from those articles. After observation table, the researcher has

demonstrated the cumulative effect of the classified key word through a graph, which gives a

pima facie hint as to what are the main issues behind book banning.

The researcher has analyzed these articles in the chapter “Analysis and Results”. In the

chapter, “Discussion”, specific instances of books, which have been banned, are discussed

with their legal, social and political background of the ban. The concluding chapter of the

research gives a thorough review of the research project and the stand of the researcher over

the issue at hand.

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OBSERVATION TABLE

S

.

N

o

.

SOURCE

Include name of

the author(s),

year, title,

publisher and

page number.

OBSERVATIO

N

Include the excerpt that

the researcher finds

interesting for his study

COMMENTS

OF

RESEARCHER

KEY

WORD

S

JOURNAL ARTICLES1. Banerjee,

Sumanta,

‘Fahrenheit 451’:

Empty

Bookshelves and

Closed Minds,

Economic and

Political Weekly,

January 24, 2004,

pp. 318-319.

The two events – and the

reactions from the political

bigwigs – not only indicate

the pathetic level of

enlightenment and

intellectual understanding

among our public and

politicians, but also raise

important questions about

the wisdom of arbitrary

official ban on dissenting

literature in general, and the

validity of manipulated

popular campaigns against

such literature that often

prompt the banning, in

particular

In this extract, the author

refers to the instances of

banning of

Dwikhandit

o( autobiographical work of

Tasleema Nasrin, which was

banned in West Bengal )

and Shivaji: Hindu King in

Islamic India(book by

James Laine). The author

argues that these bans were

preceded by a series of

agitations by the interested

pressure groups and the

government conceded to

such demands just because

of its political interests.. The

author calls it stupidity on

the part of the governments

to concede to such demands

and unfortunately

governments do concede to

such demands.

Political

Issues

2. Same as above But, if it is a demonstration

by religious bigots –

whether Hindus or

The political parties always

concede to the demands of

every religion irrespective

Religious

and Political

Issues

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Muslims, however violent

they might be, and however

monstrous their demands

could be – these same state

governments (irrespective

of their political hues) are

all too eager to placate them

of its rationale and

intellectual understanding.

In simple words, the author

tries to say that the banning

of books by the

governments is an effort to

placate the religious and

regional demands of various

pressure groups, who even

lack intellectual

understanding of their

demands of banning the

dissenting literature and are

ignorant about the content

and implications of the

literature

3. Same as above The Left Front

government’s acquiescence

in the politics of the Islamic

clergy in West Bengal, only

goes to show that stupidity

does not belong to a single

party or regime.

The use of book banning as

a tool to serve the political

interests of a party is not

confined to one parties but

as it is said all the dogs in

the street are dirty, all the

politicians have the same

tendency to serve their self

interests.

Political

Issues

4. Same as above Vandalism and violence are

being endowed with a self

righteous religious value by

politicians of all hues

Violence is being justified

by all the political parties by

overshadowing it with a

religious canvas.

Religious

Issues

5. Vjpeyi, Ananya,

“Rejecting

Politics of

Injury”,

Economic and

Political Weekly,

January 31, 2004,

p. 412

The work on Shivaji by the

American professor James

Laine must be judged on

the cogency of its

arguments and the propriety

of its methodology. Instead

we are asked to judge it on

the basis of the nationality

The author through this

article asks the common

people of a democracy to

judge an issue from

empirical and logical point

of view rather than from a

point of view which is full

of prejudice. For the

Social Issues

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of its author. development of the society,

it should be liberal enough

to accommodate the

justified dissenting changes.

6. Same as above A claim about Shivaji’s

parentage, made by anyone

and put into the public

domain, should be judged

for the degree to which it is

or isn’t grounded in

empirically verifiable

historical sources, not for

its emotional effect on those

who might cling to baseless

myths about the great

king’s antecedents.

In the book on Shivaji, if

there is any new fact about

the life of Shivaji, it shall be

judged from a broader

perspective excluding the

inherent emotional

attachment to the character.

The violent agitation by the

Sambhaji brigade is a

symbol of the undeveloped

and un mature society.

Historical

issues

7. Same as above must be judged for the

quality of the book it has

put out, not for the feelings

its publication may arouse

in some individuals or

communities

The central idea is that the

society should not judge the

book based on the

prejudices but it should also

take into consideration the

new facts and see if the facts

are justifiable

Social Issues

8. Chandran, Mini,

“The

Democratization

of Censorship:

Books and the

Indian Public”,

Economic and

Political Weekly,

October 2, 2010,

pp. 27-31

One of the first books to be

banned by the Supreme

Court of India was D H

Lawrence’s Lady

Chatterley’s Lover in 1964.

This puritanical judgment

came after the novel had

won major censorship court

battles in the United States

and the UK. Chief Justice

Hidayatullah, who

pronounced the verdict, was

confronted with the vexing

issue of the legal definition

In this article, the author has

presented an unbiased

account of the two novels

Rama Untold and The

Satanic Verses. The author

has also presented the views

and opinions behind the

banning of these novels. In

the later part, the author has

discussed the trend of

judiciary in banning the

books. It shows the growing

liberal outlook of judiciary

in India with time. The

Social Issues

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of obscenity. author has given examples

of cases and tried to analyse

the judiciary as a tool of

book banning in the past and

the present. The author has

also discussed the case of

James Laine’s book Shivaji:

Hindu King in Islamic India.

9. Same as above The judge’s observation

was that…“obscenity

without a preponderating

social purpose or profit

cannot have the

constitutional protection of

free speech”

The court gave a landmark

definition to define the term

obscenity. The significant

part is that the court has

very successfully related the

term obscenity with society,

though it becomes

subjective.

Judicial and

social issues

10. Same as above The courts, however, did

not maintain this rigidity of

stance vis-a-vis literature in

the years to come. Very

often, they have become the

protectors of free speech in

cases where charges were

levelled against writers

The subjectivity in the

definition was moulded in

the favour of the liberalistic

approach towards book

banning.

Judicial

Issues

11. Same as above The liberal outlook of

courts was underscored

again with regard to

freedom of the press when

an obscenity suit filed

against the leading English

newspaper The Times of

India was struck down by

the apex court.

This shows that the outlook

of judiciary towards book

banning is not completely

liberal and thus it can be

concluded that book

banning has been justified in

some places.

Judicial

Issues

12. Noorani, A.G.,

“Book Banning”,

Economic and

Political Weekly,

Books are banned by

recourse to two statutes.

One method is to prevent

their import from outside;

In this article, the author has

explained the due legal

process of banning a book.

He has also identified the

Judicial

Issues

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December 1,

2007, pp. 10-11.

another is to confiscate

books published or sold

here….. The other method

is to use Section 95 of the

Criminal Procedure Code,

1973……. It empowers the

state government to declare

“forefeited to the

government” any

newspaper, document or

book which, in its opinion,

offends against the follow-

ing provisions of the penal

code; namely, S 124-A

(“sedition”), S 153-A

(promoting ill will

“between different…

groups” based on religion,

language, caste, etc), S 153-

B (imputing disloyalty to

the country to any such

group); S 292 (obscene

literature); S 293 (sale of

obscene literature to the

young); or S 295-A (insult

to religious feelings of any

group of citizens with

“deliberate and malicious

intention of outraging the

religious feelings” of that

class

loopholes through which

book banning can be

enforced by the government

for its selfish motives. The

author has discussed the

validity of law through a

series of cases, in which the

provisions regarding the

book banning have been

interpreted.

13. Rossuck, Jennifer,

“Banned Books:

A Study Of

Censorship”, The

English Journal,

Vol. 86, No. 2,

Many censors do not read

most or all of the texts they

challenge. Students learn to

never isolate one word,

sentence, scene, or passage

but to consider the whole in

This article has been written

by an American author,

criticizing the

argumentation of the

censors while banning the

books. It is evident that

Judicial

Issues

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Censorship (Feb.,

1997), pp. 67-70.

order to properly analyze

each part.

books at the school level are

very frequently and in

condemning that the author

has criticized the process of

censoring in which the

censors themselves

sometimes have not read the

books to be censored.

14. Sanders, Mark,

“J.M. Coetzee on

Censorship and

Apartheid”, Law

and Literature,

Vol. 18, No. 1

(Spring 2006), pp.

101-114.

The real quarry of the

censor is thus not the

desired object but the

desiring subject, and, in the

end, the very desire that

attaches to that subject. To

the extent that it is, as

Coetzee formulates it, also

a counterattack on desire,

censorship shares a basic

impulse with apartheid

thinking.

The author has shown a

study on the articles of

Coetzee and how he relates

the apartheid and

censorship. Coetzee defines

apartheid as the way by

which desires of blacks are

attacked by the whites.

Censorship is thus

analogical to apartheid since

censorship is also a means

to suppress the desires of

those who want to express

and those who wants to read

some new literature.

Social Issues

15. Blume, Judy,

“Places I Never

Meant to Be:

Original Stories

by Censored

Writers.”, in

Winkler, Lisa K.,

“ Celebrate

Democracy!

Teach about

Censorship”,

The English

Journal, Vol. 94,

No. 5 (May,

What I worry about most is

the loss to young people. If

no one speaks out for them,

if they don't speak out for

themselves, all they'll get

for required reading will be

the most bland books

available. And instead of

finding the information they

need at the library, instead

of finding the novels that

illuminate life, they will

find only those materials to

which nobody could

The author in this article

quotes Judy Blume, who

considers that by censoring

the publication of the so

called dissenting literature,

we are depriving the young

people from attaining a

comprehensive

understanding of the real

world and its working.

Social Issues

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2005), pp. 48-51. possibly object.

16. Jenkins, Iredell, “

The Legal Basis

of Literary

Censorship”,

Virginia Law

Review, Vol. 31,

No. 1 (Dec.,

1944), pp. 83-

118.

should the citizen be

protected in his individual

freedom of choice and

action, or should society be

protected against the

possibly vicious influences

resulting from the exercise

of this freedom?

This question was raised in

a court of law in a case of

censorship of a book on

grounds of obscenity. The

court answered it in favour

of the greater interest of the

society and held that the

public moral should be

upheld.

Social Issues

17. Same as above The attitudes of men can

move backward as well as

forward; the attainment of a

high level in some phase of

social conduct does not

guarantee that it will be

maintained. A social

advance, to be made

permanent, must be

embodied in some in-

stitution. And we should

take advantage of our

present temper of artistic

tolerance to objectify it in

sound laws that will assure

its preservation

The author talks about the

need of the codification of

laws in this regard so that

the law may provide a

standard of judgment. This

is the appropriate time to

codify considering the more

significant level of tolerance

than that of past.

Judicial

issues

GENERAL ARTICLES

18. Banning Books,

http://www.indiac

urrents.com/articl

es/2011/06/02/ban

ning-books,

accessed on

August 31, 2011.

Indeed, a large portion of

our intellectual heritage

comes from books, art,

movies, artifacts, and word-

of-mouth stories and

anecdotes. They provide

shades to our concepts,

outlines to our ideas, and

color to our thoughts. Yet,

This article is a precise

study on the history of

censorship but do give a

historical background of

censorship of books. This

article is helpful in

analyzing the justifications

been given for banning the

books as it gives various

Social Issues

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countries, states and

governments exercise

censorship, some more

violently than others.

instances of book banning

and so on.

19. Same as above In the United States, Sept

24 to Oct 1, 2011, has been

designated the Banned

Books Week. This yearly

event celebrates the

freedom to read and, during

this commemorative period,

libraries and book stores put

together a display of books

that have been

“challenged,”

The celebration of Banned

book week is an important

symbol of the increasing

tolerance of the modern

world towards dissenting

literature.

Social Issues

20. Same as above Her novel Lajja, revolving

around the revenge rape of

a young Hindu girl in the

backlash against the Babri

Masjid demolition in India,

created such an uproar in

Bangladesh that she was

forced to flee to India.

Eventually, growing

opposition to her anti-

religious views forced her

into exile from India.

As far as the content is

verifiable or justifiable, the

author has right to present

her views. In the book Lajja,

if the author has given an

account, which arouses

feeling of hatred or ill-will

between two communities

but the account is true and

empirically verifiable, then

also if the book is banned, it

is unreasonable.

Religious

Issues

21. Same as above Since the British era,

several Indian writers have

faced the wrath of

authority. The great Hindi

writer and social thinker,

Premchand, came under

literary scrutiny in 1910,

when the British

government banned his

collection of short stories,

During the British rule,

Sedition was the most

dominantly used

justification for banning the

books or works of literature,

which aroused nationalistic

feelings among the people

of India. Again, the

justification itself is not

justifiable but only serves

Political

issues

Page 16: Legality of Book Banning

Soz-e-Watan, claiming it

was seditious in content.

The book consisted of five

stories that sought to inspire

patriotism and political

freedom.

political interests.

22. Censorship in

India: The Right

To Read,

http://indiafirstha

nd.com/2010/07/1

0/2535/, accessed

on August 31,

2011.

Indian constitution

guarantees freedom of

speech just like the

American constitution yet

places some significant

restrictions on it. 

According to the

constitution these

restrictions are in place “in

the interests of the

sovereignty and integrity of

India or public order or

morality”.  The Indian

government has used this

loophole on numerous

occasions to impose

censorship.

The author of the article

questions the acts of the

state to ban the books. The

author asserts that Indians

have a culture of debating

and arguing about the issues

then what the government is

trying to protect the society

from. The article welcomes

the role of judiciary in

lifting the irrational bans on

literary works.

Judicial

Issues

23. The Banning Of

"e For Ecstasy"

By Nicholas

Saunders,

http://www.123H

elpMe.com/view.

asp?id=88703,

accessed on

August 30, 2011.

As I read this book, at first I

felt a temptation to try

ecstasy due to the positive

way in which the drug was

described. After reading

further into

the text, however, much

more detailed information

about the drug is brought

fourth. For example, the

book associates use of

ecstasy with the cultures of

all kinds of illegal drugs. In

my opinion, the ban should

E for Ecstasy is a book

depicting the information

about drugs. The Australian

government banned this

book as it found that the

book promotes drug ecstasy.

The banning in this case is

susceptible to interpretation

by different persons. As this

article argues that if a

person doesn’t know about

the ill-effects of drugs then

it is more probable that he

Social Issues

Page 17: Legality of Book Banning

be lifted because the

book does not just give the

positive information about

this drug. While the

book does side towards the

use of the drug, it does

provide all kinds of

interesting information and

education including

negative data about the

drug.

If information about drugs

is kept in the dark, people

will be tempted to seek

information in potentially

harmful ways.

would try the drugs.

24. http://

www.newadvent.

org/cathen/

03519d.htm,

accessed on

August 31, 2011.

When the Church, after the

era of persecution, was

given greater liberty, a

censorship of books appears

more plainly. The First

Ecumenical Council of

Nicæa (325) condemned

not only Arius personally,

but also his book entitled

"Thalia"; Constantine

commanded that the

writings of Arius and his

friends should everywhere

be delivered up to be

burned; concealment of

them was forbidden under

pain of death.

In these lines, the author has

presented some historical

facts and tried to show that

how much heinous the ban

of books was in the way the

ban was implemented.

Historical

Facts

25. http://

www.complete-

review.com/

quarterly/vol5/

Different sub-groups,

representing a range of

religious persuasions, found

it in their advantage to

This excerpt is from the

description of the book on

Shivaji by Oxford

University Press. These

Religious

Issue

Page 18: Legality of Book Banning

issue1/laine0.htm,

accessed on

August 31, 2011.

accentuate or diminish the

importance of Hindu and

Muslim identity and the

ideologies that supported

the construction of such

identities. By studying the

evolution of the Shivaji

legend, Laine demonstrates,

we can trace the

development of such

constructions in both pre-

British and post-colonial

periods.

lines suggest that in some

way the book also instigated

religious sentiments of

different groups and thus,

gives a religious canvas

over the ban.

26. http://

www.npr.org/

blogs/

monkeysee/

2011/04/01/13504

3658/a-book-s-

banning-sparks-a-

struggle-over-

gandhi-s-legacy,

accessed on

November 6,

2011.

Is the only way available to

us to respect Gandhi and

other national icons is to

protect them by law and

governmentality? If they

were tolerant of criticism,

invited discussion of their

most intimate impulses,

engaged in philosophical

and cultural debates about

the validity of their thought

and conduct, our

promptness to muzzle such

debate about them is a sign

of the lack of our cultural

confidence in our icons that

they would remain relevant

and available despite being

subjected to salacious

gossip.

in this excerpt, the author

has emphasized that the

legacy of Gandhi is not

protected in the real sense

by mere protection from law

and the government but the

legacy will be preserved and

protected only when the

people follow the same

ideals as that of Gandhi.

With regard to book

banning, the issue shall be

thrown open for public

debate showing faith in our

icons.

Social Issues

27. Elst, koenraad,

“Ayodhya and

After”,

It is perhaps the first

endeavor on the part of

scholars to dig from the

This article is a review of

the book Hindu Temples:

What Happened to Them.

Historical

and political

issues

Page 19: Legality of Book Banning

http://koenraadels

t.voiceofdharma.c

om/books/ayodhy

a/ch12.htm,access

ed on August 31,

2011.

graveyard of history the

identity of some 2000

temples destroyed by the

Muslim invaders and rulers.

The book is not an exercise

in rewriting history, but is

an effort to present the facts

and give a bird's eye view

of the truth hitherto

unknown. The book has as

its subject matter not only

the Ram temple at Ayodhya

but nearly 2000 temples

throughout the length and

breadth of the country

which met the same fate as

that of Ayodhya, Mathura

and Varanasi.

This book is a collection of

various articles written by

Run Shourie and others in

the aftermath of the Babri

Masjid Demolition. This

article shows how the book

judicially presented the

historical facts and was still

banned following the

politics at that time.

28. http://

dannyreviews.co

m/h/Shivaji.html,

accessed on

August 31, 2011.

Laine's openness may

explain some of the

animosity: his introduction,

for example, explicitly

states his hope to "rescue

[Shivaji's] biography from

the grasp of those who see

India as a Hindu nation at

war with its Muslim

neighbors". Shivaji is

undeniably a scholarly

work, however, and few of

Laine's critics have engaged

with its actual content.

Though too slender to be

entirely self-contained, it

includes enough

background to be accessible

to anyone with a basic

Laine’s book might have

presented some explicit

material. But if these

material are studied in light

of the whole book taken

together, these explicit

materials seem to be

justified. The presented

material could be new

historical facts arising out of

the story of the scholar’s

work.

Historical

Issues

Page 20: Legality of Book Banning

knowledge of modern

Indian history.

29.Dalrymple,

William,

www.columbia.e

du/itc/mealac/pri

tchett/.../txt_ dalr

ymple _review.d

oc, accessed on

August 31, 2011

The historian D.N Jha who

wrote The Myth of the Holy

Cow, pointing out the

considerable historical and

archaeological evidence

that beef was routinely

eaten in Vedic period (1st

millennium BC), received

many death threats and had

his book withdrawn in

India.

The excerpt depicts the

intolerance of the people to

readily accept any justifiable

historical fact. The threats

on the ban were instigated

by historical issues.

Historical

Issues

NEWSPAPER AND MAGAZINE ARTICLES

30. Guha,

Ramchandra,

“Ban The Ban-

The republic of

India bans books

with the

depressing

frequency”, in

POLITICS AND

PLAY.

The third and most

significant reason for the

proliferation of bans is the

pusillanimity of our

political class. An early

example was the ban on

Salman Rushdie’s The

Satanic Verses by Rajiv

Gandhi’s government in

1989

The author has characterized

the political interests as the

most significant reason

behind book banning. He

asserts so by citing many

examples.

Political

Issues

31. Same as above Lower courts and even

some high courts have been

accomplices in this process

of the stifling of free

speech. So too have been

politicians of all parties and

governments. Indian

democrats may take solace

in the few exceptions: these

being the institution of the

Supreme Court, and those

public-spirited public

The author is of the view

that besides the political

reasons of book banning,

lower judiciary is also

following the same trend by

not being liberal in its

outlook. Though the higher

judiciary is liberal while

considering the issue of

book banning

Judicial and

political

Issues

Page 21: Legality of Book Banning

figures, Rajmohan and

Gopalkrishna Gandhi.

32. Censor’s

Sensibilities,

http://www.econo

mist.com/blogs/ba

nyan/2010/12/cen

sorship_india,

accessed on

August 31, 2011.

At least outsiders have been

free to say and write what

they like in India. Yet

censors are getting

increasingly grumpy about

what they draw. When

foreign publications print

maps of India that show the

reality in Kashmir—

territory divided between

areas controlled by Pakistan

and by India—censors at

customs houses, citing a

law from 1961, stamp them

as "not recognised" by

India. For The Economist,

for example, that delays

delivery of the magazine by

a few days, affecting some

tens of thousands of Indian

readers. 

This newspaper article is a

critique to the recent

banning of a map by Indian

government. This map

showed the actual

demarcation of Kashmir on

the basis of the part of

Kashmir which is occupied

by Pakistan and India.

Political

Issues

33. Oh for a Book to

be Banned,

http://www.opent

hemagazine.com/

article/voices/oh-

for-a-book-to-

ban, accessed on

August 31, 2011.

Twenty years ago, give or

take a month, The Satanic

Verses was banned in India.

Over the course of this

month, there will be no

dearth of writing on the ban

of books, but on this

anniversary, the real

tragedy is not that book

bans are still alive in the

country but that there is a

diminishment of the kind of

literary ambition the book

This article comments on

the state of Indian English

writers that the quality of

writing has diminished. The

over cautiousness of the

publishers while publishing

books on controversial

topics has also discouraged

the writers to write

ambitiously. Thus, it can be

inferred that nowadays,

writers are cautious rather

hesitant in writing on

Social issues

Page 22: Legality of Book Banning

represents. Today you

would be hard put to find

Indian fiction in English

that anybody would want

banned.

controversial issues in India.

34. Sethi, Harsh,

http://www.india-

seminar.com/200

4/534/534%20bac

kpage.htm, ,

accessed on

August 31, 2011.

It is worth remembering

that this is the first time that

a centre for learning widely

regarded for its classical

scholarship and valuable

archives has been so

targeted. It is ironic that

‘followers’ of Sambhaji, a

great Sanskrit scholar,

should in the process of

‘upholding’ the dignity of

their icon, desecrate a

painting of Saraswati, loot

and destroy rare

manuscripts and even

deface texts on Shivaji.

In this article, the author has

raised a question on the dual

face of the then government

and criticized the violent

acts of the Sambhaji brigade

and the subsequent banning

of the book. The book on

Shivaji by James Laine has

been discussed in the later

chapters.

Religious

Issues

35. The Ban on

Books,

http://www.dawn.

com/2011/04/16/t

he-ban-on-

books.html,

accessed on

August 31, 2011.

AMONG the bad habits

which are inherited from

the British Raj, is a marked

propensity to ban books…..

This article explains legality

of book-banning by

explaining the mechanism

of law through which books

are banned and gives a

thorough review of the topic

with certain instances of

book banning. The author is

non-believer in irrational

book banning or book-

banning.

Historical

issues

36. Same as above A marked feature of

advocates of book-banning

is a reluctance to join in

reasoned refutation.

Until and unless the

individuals of the society

are not ready to do a

reasoned debate on the issue

Judicial

Issues

Page 23: Legality of Book Banning

of book banning, the

judiciary would be

incapable of clearly

outlining its stand in the

society.

37. Same as above Advocates of book-banning

have no patience with the

legal route. They prefer,

instead, to whip up mass

frenzy and take the law into

their own hands.

Having studied the cases

like Laine’s book being

banned after series of

protests, it is evident that

supporters of book banning

do not want to follow the

established process of law.

Judicial

Issues

38. http://

indiatoday.intoda

y.in/story/book-

on-mahatma-

gandhi-gandhi-

gay-slur-unites-

cong-bjp/

1/133886.html?

cp, accessed on

August 30, 2011.

"It is the most un-Gandhian

thing to do!" Tushar Gandhi

said of the ban. "If you have

a problem with the claims

made in the book, then you

have to counter them

intellectually. Banning the

book, in fact, will give it a

halo, the status of a martyr.

Banning anything is simply

an easy way out for the

government."

This article puts forth the

views of the citizens of a

mature and developed

society and the tolerance of

those who are part of a

democratic civilization. This

article is tacitly a question

on the validity of the ban on

Joseph Lelyveld’s book on

Gandhi (Great Soul:

Mahatma Gandhi and His

Struggle).

Political

issues

39. Same as above Apart from the Mahatma's

family, prominent historian

Romila Thapar, who has

had to face the charge of

being a "deeply mendacious

enemy of the Hindus", has

spoken out against the

Gujarat ban. "Banning of

books is not associated with

a free country," Thapar

says.

The historian has rightly

characterized or hinted

towards the fact that book

banning is like an evil in the

free society.

Social Issues

Page 24: Legality of Book Banning

40. Politics of a Ban,

http://www.hindu.

com/fline/fl2303/s

tories/200602240

02609300.htm, ,

accessed on

August 30, 2011.

The ban was enforced after

Udhayanraje Bhonsle, the

13th descendent of Shivaji

and a former Bharatiya

Janata Party legislator, filed

a case in the Satara court

against Laine for an

allegedly offensive remark.

This article in an explicit

manner explains the

political game behind the

violent agitations against

James Laines’s book on

Shivaji and the political

agenda behind banning this

book. This article also

confronts a question “Is

book banning a political tool

to garner advantage by

arousing religious

sentiments among the

people?

Political

Issues

41. Same as above It is believed that Bhonsle,

who considers himself to be

the original protector of

Shivaji's legend by virtue of

his lineage, is going

through a political slump.

He lost the last Assembly

elections to a cousin and

got a bad image after he

was arrested in connection

with the murder of an NCP

activist in 1999.

The instance of banning the

book of Laine was a pure

political drama in order to

uplift the image of a

politically defeated person.

Political

Issues

42. Same as above At least the previous time

elections were around the

corner and in an issueless

election this controversy

was useful. Of course, the

government has a

responsibility to ensure

peace and prevent a law and

order situation, he says. But

to ban a book is an extreme

The coincidence of mass

mobilization against Laine’s

book and the election in the

near future was a situation

of utter benefit for the

politicians. In that state the

government had a duty to

maintain peace and order

but it failed to do so.

Political

Issues

Page 25: Legality of Book Banning

step and they have to use

this authority carefully. In

this case they have not used

their discretion well,

Palshikar adds.

43. India must move

beyond Book-

Burning,

http://www.guardi

an.co.uk/comment

isfree/libertycentr

al/2010/oct/21/

india-rohinton-

mistry-book,

accessed on

August 30, 2011.

But what has rattled civil

society this time is the

manner in which the vice-

chancellor, who is expected

to be the guardian of

intellectual freedom,

buckled so swiftly,

dropping the text without

even the fig leaf of "due

process". The issue has

focused attention on how

political appointees are

being elevated to positions

of academic authority,

thereby putting in peril the

very future of education.

Few will contest that the

University of Mumbai is on

such a wrong journey.

This article has been written

in context of ban of

Rohinton Mistry’s novel

Such a Long Journey in the

University of Mumbai after

the protests by Shiv Sena.

This article unravels the

pathetic condition of

freedom of speech in India.

In this article, the author has

depicted how ignorantly and

politically the book was

struck down from the course

of the university.

Political

issues

44. Same as above The 1971 canvas of Such a

Long Journey evokes a

Bombay of mutton

samosas, prostitutes and

convent schools, spies who

use lines from Othello to

pass on messages and

public walls which need

god-photos to keep them

clean. Mistry bends his ear

to the city's slang and salty

The excerpt show the social

aspect of Bombay, which

has been depicted in the

book in a way that it

outrages the ill-image of the

city in the minds of the

readers and thus the book

has been condemned.

Social Issues

Page 26: Legality of Book Banning

Parsi humour to capture the

lives of people encircled by

a corrupting political

darkness.

45. Same as above Liberal groups campaigning

for the text to be restored

were further disheartened

when the state's Congress

chief minister announced

that he too had found some

paragraphs to be "highly

objectionable".

Disheartened perhaps, but

scarcely surprised. The

politics of competitive

parochialism has always

been far more lucrative to

politicians than what they

dismiss as a salon

conversational subject:

freedom of speech.

The reaction of the chief

minister is purely a

politically motivated

reaction. Had the chief

minister adopted a liberal

outlook, he would have to

face the loss of a massive

vote bank, that’s why the

chief minister refrained

from a liberal outlook.

Political

Issues

46. http://

www.telegraph.co

.uk/news/

worldnews/asia/

india/8073240/

Author-Rohinton-

Mistry-slams-

Mumbai-

University-after-

book-ban.html,

accessed on

August 30, 2011

Samar Halarnkar, a leading

Indian commentator, said

he believed the protests

were a cynical ploy to raise

the profile of the youngest

member of the Shiv Sena's

ruling Thackeray family,

Aditya, who is currently a

student at Mumbai

University.

This article also depicts the

irrationality behind the ban

on Rohinton Mistry’s novel

and the political play

associated with the ban

which is to garner public

attention for the heir of

Thackeray family.

Political

Issues

47. Same as above According to the Sena

group, Such a Long Journey

makes disparaging

comments about Shiv Sena

This excerpt briefly points

out the political as well as

the social reasons behind the

university ban on Mistry’s

Political and

Social

Issues.

Page 27: Legality of Book Banning

and the Marathis, Mumbai's

famous "Dabbawalahs",

who deliver millions of

"tiffin" lunch tins to office

workers.

novel.

ANALYSIS & RESULTS

Political Issues

Social Issues

Judicial Issues

Historical Issues

Religious Issues

02468

1012141618

Precedence of Issues on the Basis of Keyword Classification

Precedence of Issues on the Basis of Keyword Classification

Objective Analysis

The research is not completely objective as it includes the element of bias on the part of

researcher whilst selecting the articles and finding their observation. The objectivity of the

analysis lies in the fact that the process of classification of the sample observation is

completely objective as it is predefined and alien to prejudices.

The bar graph shows that political and social issues are the most observed reasons for book

banning. The rationality of political issues being the dominant reason for book banning is

justified by the fact that in most of the cases, being discussed in the observation table and in

the discussion section, there is some sort of political lineage to every instance of book

Page 28: Legality of Book Banning

banning. The social issues are also dominant reasons attributable to book banning considering

the fact that the society (specifically Indian) is less tolerant to the dissenting literatures, which

questions the existing norms, system or notions. Judicial issues are not reasons for book

banning, as it is clear by the explanation of judicial issues in methodology. The frequency of

the judicial issues in the graph depicts the judicial activism with regards to the issue of book

banning. The less frequency of religious issue is attributable to the fact that mostly the

religious issues are canvassed by the political issues. The historical issues are very less as the

evolution of the historical facts has somewhat reached to its zenith and thus there are little

chances that anyone will dissent from the existing facts.

The researcher, in his concluding remark, attributes political and social issues as pre-

dominant reasons for banning books.

Subjective Analysis

From the different articles mentioned in the observation table, the researcher came across

different aspects of the book banning and the legality of book banning. These different

aspects have been analyzed and presented in the later paragraphs.

Indeed, a large portion of our intellectual heritage comes from books, art, movies, artifacts,

and word-of-mouth stories and anecdotes. They provide shades to our concepts, outlines to

our ideas, and color to our thoughts. Yet, countries, states and governments exercise

censorship, some more violently than others.

In most of the cases of book banning, the groups, who demand such bans, themselves had not

even read the book and they protest against that book solely on the basis of hearsay

evidences, like- reviews, opinions etc. In case of the ban on The Satanic Verses, the

parliament had a debate over the content of the book and unfortunately no member of the

parliament had read the book being debated. All the supporters of the ban were arguing only

on the basis of their limited knowledge about the book, however, they may be right but still it

shows the pathetic level of the intellectual understanding of the public and the politicians.

Before banning a book, the government and the people should judge the books or the

dissenting literature from an empirical and logical view and then frame an opinion about the

book. For the development of literature, the outlook of the society has to be liberal and

rational. It should not be like if any fact, however, based on logical evidences, is inconsistent

to the emotions and sentiments of a group shall be protested. It hampers the intellectual

Page 29: Legality of Book Banning

growth of the society. Thus, before banning any dissenting literature, a due course of logical

understanding shall be applied in those instances.

The governments have been using the law arbitrarily to ban books, which are rational and

logical in its content (like- Shivaji: Hindu king in Islamic India). The governments ban such

books to serve its political ends, like gaining support of a particular concerned group. On the

other hand the higher Judiciary has played a pro-active role in rationalizing the process and

provisions of law of banning a book. The judiciary has quashed many such bans, which were

instigated out of political and irrational motives of certain political powers and which were

inconsistent with the interpretation of law. The judiciary has carried out a significant role in

determining the legality of book banning.

In case of Joseph Levyveld’s book, Great Soul: Mahatma Gandhi and His Struggle, the ban

poses a serious question on the state of freedom of expression in India. The book seemed to

be derogatory to the character of Mahatma Gandhi to the Gujarat government on the basis of

its review and was thus banned. The government had not even gone through the copy of book

and it framed a baseless opinion of the book in advance. This ban was enforced under section

295-A of the Indian Penal Code, which is applicable only if a book insults the religious

feelings and the criticism of historical figures do not come in the purview of this section.

Book banning has been practiced since the inception of book. From that time, book banning

has had some political lineage besides the much important moral and social grounds. In

recent past, the book banning has been politicized and on the other hand with the intellectual

development of the societies, it seems to be losing its significance. However, in India, taking

into the consideration the violent agitations against the books like- Shivaji: Hindu King in

Islamic India, The Satanic Verses, etc., the society doesn’t seem to be intellectually

developing and the level of tolerance is not considerate.

Book-banning is inspired by the same mentality which promotes book-burning. It is no

function of the state to prescribe a select bibliography to its citizens and undermine the

fundamentals of democracy. Before pursuing this theme, however, one must reckon with a

certain trend in the West which justifies wilful intentional insult as an exercise of free speech;

specifically insult to the faith of Islam and to Prophet Muhammad (PBUH). In truth, the trend

has only accentuated in recent months; for, as James Carrol recalled, in an article in The New

York Times earlier this month, “Contempt towards the religion of Muhammad is a

Page 30: Legality of Book Banning

foundational pillar of western civilisation. That it is unacknowledged only makes it more

pernicious.” Thus, if this form of exercise of free speech is recognized which is straight away

derogatory to a certain religion then it demands a review of whole of the banned literature,

which is not intentional hatred towards any specific community.

The legality of book banning can be determined, only if one is free from any prejudice or

attachments towards the debated book. The law governing the bans has been widely

interpreted and applied by the judiciary. The issue of banning a book has to be decided on the

basis of rational, liberal, logical and empirical analysis.

DISCUSSION

In this chapter, specific instances of book banning have been discussed with their social, legal

and political analysis.

1. SHIVAJI: HINDU KING IN ISLAMIC INDIA

This book has been written by James W. Laine and published in India in 2004. This book is

an an historical analysis of the various narratives – folklore and official – surrounding the

Maharashtrian hero, Shivaji.

In the course of his book, Laine had noted that Shivaji’s parents “lived apart for most if not

all of Shivaji’s life”[p91], adding that “Maharashtrians tell jokes naughtily suggesting that his

guardian Dadaji Konddev was his biological father” [p93]. This was interpreted as Laine

suggesting that Shivaji was illegitimate, and after a horrified review was published in a

Marathi weekly magazine, a succession of protests began. In October an elderly Sanskrit

scholar whom Laine had thanked in his acknowledgements, was roughed up and had his face

smeared with tar. To forestall further violence, in November the book was withdrawn from

the Indian market by the Oxford University Press, and an apology for causing offence was

issued by the author.(Guha, 2011)

Legal Background

Subsequently, the Gujarat government had to ban the book, considering the wide spread

agitation and it issued an official notification banning the book. The notification was issued

by the government under section 95 of Cr.P.C., which declared forfeiture of every copy of the

book and publication of the book is punishable under section 153A of Indian Penal Code.

Page 31: Legality of Book Banning

Section 153A of the Indian Penal Code, requires that the words must promote or attempt to

promote on grounds of religion, race, place of birth, residence, language, caste or community

or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between

different religious, racial, language or regional groups or castes or communities. The book,

however arouse feeling of insult among one group but it doesn’t promote or attempt to

promote ill-will, enmity or hatred between different groups. Thus, the honourable High Court

of Bombay, in its judgment on April 26 2007, quashed the notification banning the book and

ordered to release all the forfeited copies of the book. Subsequently, the Gujarat government

filed an appeal to the Supreme Court of India against the judgment of Bombay High Court.

The Supreme Court in its judgment on July 9 2010 upheld the decision of Bombay high

court. Thus, the ban on the book exists quashed. By this ruling, the judiciary has proved itself

as the champion of free expression in an intolerant system.

Social Background

The controversial paragraph in the book outraged the feeling of insult for their hero in the

followers the Shivaji. Mob (the Sambhaji Brigade) outrage was not confined to demands for

suppression of Laine’s book; it extended to scholars who had extended help with his research

work, and the Bhandarkar Oriental Research Institute and Library at Pune from where he got

a major part of his material. The library was vandalised and precious manuscripts destroyed.

As mentioned, Shivaji is considered a hero among the Marathis and in other parts of India,

thus, it followed an outrageous agitation spread throughout the Maharastra. However, Laine

just quoted the folklore prevalent in the Maharastrian society without any intention to hurt the

feelings of anybody and later he apologised for the same but the followers considered it as

derogatory to the life of their hero. The protest against the book aroused out of the emotional

attachment to the content of the book. It aroused a feeling of insult in one group but didn’t

promote feeling of hatred between different groups.

Political Background

The ban was enforced after Udhayanraje Bhonsle, the 13th descendent of Shivaji and a

former Bharatiya Janata Party legislator, filed a case in the Satara court against Laine for an

allegedly offensive remark the scholar made on Shivaji's parentage. Laine uses the term

"Oedipal rebel" in the context of Shivaji's relationship with his father.

It is believed that Bhonsle, who considers himself to be the original protector of Shivaji's

legend by virtue of his lineage, was going through a political slump. He lost the then last

Page 32: Legality of Book Banning

Assembly elections to a cousin and got a bad image after he was arrested in connection with

the murder of an NCP activist in 1999. It is believed that he used this issue to revamp his

political image. (Politics Of a Ban, The Hindu article)

The ban was supported by all the political parties so as to gain the support of the whole of the

community of followers of the Shivaji.

2. GREAT SOUL: MAHATMA GANDHI AND HIS STRUGGLE WITH INDIA

This book was written by the Pulitzer Prize winning journalist Joseph Lelyveld. It was

published in United States and due to be launched in India. The book is a biography of

Mahatma Gandhi and had to face the ban imposed by Gujarat government before being

launched in India.

Objectionable Content

After early reviews were published in British and American newspapers, articles began to

circulate within India stating that Joseph Lelyveld had portrayed Gandhi as a bisexual, racist

and often ruthless politician.

The most controversial aspect of the book emerges in excerpts from previously released

letters that Gandhi wrote to a German architect named Hermann Kallenbach. The two men

became close confidants during Gandhi's early years as a lawyer in a South Africa, sharing

ideas about politics and society in a series of deeply intimate exchanges. In one of these

letters, Gandhi writes to Kallenbach, "...how completely you have taken possession of my

body. This is slavery with a vengeance." As soon as early reviews of the book featuring that

excerpt became public, critics in India lashed out, calling the inclusion vicious and insulting.

Author’s Contention

Lelyveld never uses the term "bisexual" in the book and doesn't describe the relationship

between Gandhi and Kallenbach as a romantic or sexual one. He asserted that he didn't push

it to that conclusion because who knows what had happened between two people almost a

hundred years ago?

Lelyveld says he was inspired to write the book out of admiration for a more under-

emphasized aspect of Gandhi's story: his lifelong commitment to domestic politics of equality

Page 33: Legality of Book Banning

and justice, ideals informed by the injustice he saw as a young man in British South Africa.

His intention to write the book was never to portray such a character of Gandhiji and it is the

result of the misreading of the book, as he said in an interview to Bilal Qureshi.

(Completereview.com)

Stand of Gujarat Government: The Political Background

The Chief Minister of Gujarat, Narendra Modi, denounced the book, stating, “The perversion

shown in the writings not only deserves to be condemned in the strongest possible terms but

cannot be tolerated. I know that the members of this august house share my feelings.” He was

referring to the Gujarat State Assembly, which summarily banned the “publication, printing

and publication” of the book in Gujarat, even though the book had not been released in India

as yet and had most likely not been read by its denouncers.

Ramchandra Guha in one of his articles has given the political reason of banning this book

before it is available. He believes that it may be an attempt of Narendra Modi to dissuade his

image of stern leaning towards a sect by asserting the idea of pluralism of Mahatma Gandhi.

He wanted to disguise his leanings by projecting himself as the follower of the ideals of

Mahatma Gandhi.

Legal Background

This book was banned by an order of the Gujarat assembly. This notification has not been

challenged yet in the court of law and it stands banned in the state of Gujarat although free to

be published in any other part of India.

Comments

This instance of book banning is in itself self-contradicting. The book which is banned is a

biography of a historical hero, who himself is an advocate of freedom of expression. Had this

book been published in the time of Gandhi, he may have criticized the content of the book but

would not have recommended banning the book, which may amount to curtailment of one’s

right to freedom of expression. His grand sons Rajmohan and Gopalkrishna shared the same

view and at their appeal only the government of India refrained from banning this book in the

whole of India.

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REVIEW & CONCLUSION

The research project has discussed the legality of book banning by discussing and analysing

the articles on book banning and the researcher has also discussed the case of banning of two

books viz. Shivaji: Hindu King in Islamic India and Great soul: Mahatma Gandhi and his

struggle with India, in order to see the application of general findings from the analysis of

observation table. The general findings from the analysis of observation table can be

concluded as below:

1. Behind banning of every book, there exists a social cause. The social cause may be

that the book arouse religious ill-will or hatred between two religious groups and that

the writer insults the religious feelings of any group of citizens with “deliberate and

malicious intention of outraging the religious feelings” of that class. If the writer

doesn’t have any intention or the intention is not proved, the book can’t be banned.

(As section 153A of IPC interpreted in the Sangharaj Damodar Rupwate and ors. V

Nitin Gadre, Joint Secretary to the Government of Maharashtra and ors.). The social

cause may also be that the content of the book promotes the feeling of disloyalty

towards the country or the content is obscene in the societal perspective.

2. In certain cases, books have been banned by the government to serve its political

motives. As it has been discussed in the project as to how political motives were

served at the instance of banning the books like Shivaji: Hindu King in Islamic India.

3. The practise of book banning hampers the growth of society as it hampers the

intellectual development of the society that can only be achieved if one thinks from a

rational, logical and empirical point of view and judgment without prejudices towards

any topic or issue.

Page 35: Legality of Book Banning

In light of these findings, the researcher has critically analysed the ban of those two above

mentioned books. The finding of that analysis has been that the mere banning of book can’t

destroy the idea enshrined in the book. If the idea or the message through that book is wrong

then it has to be justified on the basis of logic and rationality. And the legality of book

banning can be attributed to the outlook of the society, prevailing law in the society, political

maturity and the intellectual understanding of the society, towards the dissenting literatures.

If a society has liberal outlook, the law in that society is not authoritative, the political system

is mature and developed and the society is intellectually developed, that would be a Utopian

stage, where the practise of banning the dissenting literature would be alien. Every society

should strive to achieve that utopian stage. No society in the world has been able to achieve

such a stage, that’s why, the practices like book banning are still prevalent in every society

around the globe.

Page 36: Legality of Book Banning

REFERENCES

Banerjee, Sumanta, ‘Fahrenheit 451’: Empty Bookshelves and Closed Minds, Economic and

Political Weekly, January 24, 2004, pp. 318-319.

Vjpeyi, Ananya, “Rejecting Politics of Injury”, Economic and Political Weekly, January 31,

2004, p. 412

Chandran, Mini, “The Democratization of Censorship: Books and the Indian Public”,

Economic and Political Weekly, October 2, 2010, pp. 27-31

Noorani, A.G., “Book Banning”, Economic and Political Weekly, December 1, 2007, pp. 10-

11.

Rossuck, Jennifer, “Banned Books: A Study Of Censorship”, The English Journal, Vol. 86,

No. 2, Censorship (Feb., 1997), pp. 67-70.

Sanders, Mark, “J.M. Coetzee on Censorship and Apartheid”, Law and Literature, Vol. 18,

No. 1 (Spring 2006), pp. 101-114.

Blume, Judy, “Places I Never Meant to Be: Original Stories by Censored Writers.”, in

Winkler, Lisa K., “ Celebrate Democracy! Teach about Censorship”, The English Journal,

Vol. 94, No. 5 (May, 2005), pp. 48-51.

Jenkins, Iredell, “ The Legal Basis of Literary Censorship”, Virginia Law Review, Vol. 31,

No. 1 (Dec., 1944), pp. 83-118.

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Sangharaj Damodar Rupwate and ors. V Nitin Gadre, Joint Secretary to the Government

of Maharashtra and ors., MANU/MH/0813/2007, www.manupatra.com

State of Maharashtra and ors. V Sangharaj Damodar Rupwate and ors., (2010)7SCC398

www.scconline.com

www.epw.in

www.india-seminar.com

www.jstor.org

www.heinonline.com

Guha Ramchandra, BAN THE BAN- The republic of India bans books with a depressing

frequency, http://www.telegraphindia.com/1110730/jsp/opinion/story_14295812.jsp,

accessed on August 31 2011.

Qureshi Bilal, A Book’s Banning Sparks a Struggle Over Gandhi’s Legacy,

http://www.nhpr.org/books-banning-sparks-struggle-over-gandhis-legacy, accessed on

August 31 2011.

India: The War Over History By William Dalrymple,

www.columbia.edu/itc/mealac/pritchett/.../txt_ dalrymple _review.doc , accessed on August

30 2011.

James Laine’s Shivaji: Hindu King in Islamic India and the attack on the Bhandarkar Oriental

Research Institute, http://www.complete review.com/quarterly/vol5/issue1/laine0.htm,

accessed on August 30 2011.

India must move beyond Book-Burning,

http://www.guardian.co.uk/commentisfree/libertycentral/2010/oct/21/india-rohinton-mistry-

book, accessed on August 30, 2011.

Politics of a Ban, http://www.hindu.com/fline/fl2303/stories/20060224002609300.htm, ,

accessed on August 30, 2011.

Sethi, Harsh, http://www.india-seminar.com/2004/534/534%20backpage.htm, , accessed on

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on August 31, 2011.

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