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Showing posts with the label the politics of free expression

The Politics of Free Expression

Censorship debates in India are not new, and both the Indian state and its citizens have played roles as both perpetrators and victims in these discussions. The recent controversy surrounding Wendy Doniger’s book, The Hindus: An Alternative History , once again highlighted the reluctance of certain sections of Indian society to accept criticism or alternative perspectives on religion and culture. Despite the constitutional guarantee of free expression as a fundamental right, Section 295A of the Indian Penal Code (IPC) grants the state the power to penalize speech that maliciously insults or attempts to insult any religious belief. In this sense, Section 295A operates in a secular manner, as it applies to all religious communities. This provision was not part of the original IPC of 1860 but was introduced in 1927 through an amendment following the Lahore Court’s decision in Rajpal vs. King Emperor (1927) . At that time, legal experts, politicians, and scholars debated the amendment ...

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