Censorship in India

Censorship in India mainly targets religious issues. It is justified by the government as necessary to maintain communal harmony, peace and tranquillity, given the history of communal tension in India.

The Constitution of India guarantees freedom of speech but places "reasonable restrictions" "in the interests of the sovereignty and integrity of India or public order or morality." [" [http://indiacode.nic.in/coiweb/fullact1.asp?tfnm=00 The Constitution of India] " PDFlink|658.79 KiB , India Code. Retrieved 3 June 2006.]

The report Freedom in the World 2006 by Freedom House gave India a political rights rating of 2, and a civil liberties rating of 3, earning it the designation of "free". [PDFlink|" [http://www.freedomhouse.org/uploads/pdf/Charts2006.pdf Freedom in the World 2006: Selected Data from Freedom House's Annual Global Survey of Political Rights and Civil Liberties] "|122 KiB , Freedom House, 2006. Retrieved 29 May 2006.]

Obscenity law

Pornography is illegal and attracts several penal provisions. Some media dealing with sex are frequently banned. Films, television shows and music videos are especially prone, however if any literature is banned, it is not usually for pornographic reasons. Pornographic magazines are technically illegal, but many softcore Indian publications are available through many news vendors, who often stock them at the bottom of a stack of non-pornographic magazines, and make them available on request. In practice, the police usually ignores this as long as the display itself does not contain nudity. Most non-Indian publications (including Playboy) are usually harder to find, whether softcore or hardcore. Mailing pornographic magazines to India from a country where they are legal is also illegal in India. In practice, the magazines are almost always confiscated by Customs and entered as evidence of law-breaking, which then undergoes detailed scrutiny. But the enforcement is very lax and hardcore pornographic films are easily available in the smallest of towns and villages.

National security

The Official Secrets Act 1923 is used for the protection of official information, mainly related to national security. [" [http://www.indialawinfo.com/bareacts/OSA.html The Official Secrets Act, 1923] ", IndiaLawInfo.com. Retrieved 4 June 2006]

Press

In 1975 Indira Gandhi government imposed censorship of press in the The Emergency. It was removed at the end of the Emergency rule. [http://books.google.co.nz/books?q=+subject:%22Freedom+of+the+press%22]

Film

The Central Board of Film Certification, the regulatory film body of India, regularly orders directors to remove anything it deems offensive, including sex, nudity, violence or subjects considered politically subversive." [http://news.bbc.co.uk/2/hi/business/2069900.stm India's film censor wants to legalise porn] ", BBC News, 27 June 2002. Retrieved 29 May 2006.]

In 2002, the film "War and Peace", depicting scenes of nuclear testing and the 11 September atrocities, created by Anand Patwardhan, was asked to make 21 cuts before it was allowed to have the certificate for release. [" [http://news.bbc.co.uk/2/hi/entertainment/2202379.stm India cuts 'anti-war' film] ", BBC News, 19 August 2002. Retrieved 29 May 2006.] [" [http://www.brightlightsfilm.com/38/indiacensor.htm Censorship and Indian Cinema] ", "Bright Lights Film Journal", November 2002. Retrieved 29 May 2006.] Patwardhan objected, saying "The cuts that they asked for are so ridiculous that they won't hold up in court" and "But if these cuts do make it, it will be the end of freedom of expression in the Indian media." The court decreed the cuts unconstitutional and the film was shown uncut.

In 2002, the Indian filmmaker and former chief of the country's film censor board, Vijay Anand, kicked up a controversy with a proposal to legalise the exhibition of X-rated films in selected cinemas across the country, saying "Porn is shown everywhere in India clandestinely... and the best way to fight this onslaught of blue movies is to show them openly in theatres with legally authorised licences". He resigned within a year after taking charge of the censor board after facing widespread criticism of his moves. [" [http://news.bbc.co.uk/2/hi/entertainment/2144603.stm BIndia's chief film censor quits] ", BBC News, 22 July 2004. Retrieved 29 May 2006.]

In 2003, the Indian Censor Board banned the film 'Gulabi Aaina (The Pink Mirror)', a film on Indian transsexuals produced and directed by Sridhar Rangayan. The censor board cited that the film was 'vulgar and offensive'. The filmmaker appealed twice again unsuccessfully. The film still remains banned in India, but has screened at numerous festivals all over the world and won awards. The critics have appluaded it for its 'sensitive and touching portrayal of marginalized community'. [http://www.news.bbc.co.uk/2/low/entertainment/3689509.stm BBC] , [http://www.yidff.jp/docbox/22/box22-2-e.html YIDFF] , [http://queerindia.blogspot.com/2006/05/banned-banned-and-banned-again.html Queer India]

In 2004, the documentary "Final Solution", which looks at religious rioting between Hindus and Muslims, was banned. [" [http://news.bbc.co.uk/2/hi/entertainment/3542340.stm India bans religious riot movie] ", BBC News, 6 August 2004. Retrieved 29 May 2006.] [" [http://www.countercurrents.org/arts-sharma060804.htm Censor Board Bans 'Final Solution'] ", [http://www.countercurrents.org/index.htm Countercurrents.org] , 6 August 2004. Retrieved 29 May 2006.] The film follows 2002 clashes in the western state of Gujarat, which left more than 1,000 people dead. The censor board justified the ban, saying it was "highly provocative and may trigger off unrest and communal violence". The ban was lifted in Oct.'04 after a sustained campaign [" [http:http://www.rakeshfilm.com/finalsolution.htm Rakesh Sharma-Final Solution] ". Retrieved 16 June 2007.] .

In 2006, seven states (Nagaland, Punjab, Goa, Tamil Nadu, Andhra Pradesh) have banned the release or exhibition of the Hollywood movie "The Da Vinci Code" (and also the book), [" [http://news.bbc.co.uk/2/hi/south_asia/5043934.stm India extends Da Vinci Code ban] ", BBC News, 3 June 2006. Retrieved 3 June 2006.] although India's Central Board of Film Certification cleared the film for adult viewing throughout India. [" [http://news.bbc.co.uk/2/hi/south_asia/4995122.stm India censors clear Da Vinci Code] ", BBC News, 18 May 2006. Retrieved 29 May 2006.] However, the respective high courts lifted the ban and the movie was shown in the two states.

Dramas

In 1999 Maharashtra government banned the Marathi play 'Me Nathuram Godse Boltoy" or 'I am Nathuram Godse Speaking" [http://news.bbc.co.uk/1/hi/world/south_asia/135340.stm]

Books

In 1989, Salman Rushdie's "The Satanic Verses" was banned in India, as it was in many countries, for its purported attacks on Islam. [" [http://news.bbc.co.uk/2/hi/south_asia/190588.stm Rushdie 'hurt' by India ban ] ", BBC News, 10 October 1998. Retrieved 29 May 2006.] India was the second country in the world (after Singapore) to ban the book.

The book "Understanding Islam through Hadis" by Ram Swarup was also banned. [Goel, Sita Ram: Freedom of Expression (1998)] In 1990 the Hindi translation of the book was banned, and in March 1991 the English original became banned as well.

A book on the Maharashtrian prince, Shivaji, by Queens University Professor Jayant Lele was also banned.Fact|date=February 2007 This book asked the question of who was the father of Shivaji. Shortly thereafter, the Central government of the time, which contained the Shiv Sena, banned "Shivaji: Hindu King in Islamic India", penned by American scholar James Laine, and another book "The Epic of Shivaji", which contained the objectionable phrase "Oedipal rebel", following an attack by Sambhaji Brigade activists on the Bhandarkar Oriental Research Institute in Pune.The subsequent UPA government has not revoked the ban.

In Punjab the Bhavsagar Granth was banned by the state government, [cite web|url=http://www.epw.org.in/epw/uploads/articles/10652.pdf|title=Caste and Religion in Punjab Economic and Political Weekly|date=2007-05-26|accessdate=2008-10-05] following clashes between mainstream Sikhs and the apostate Sikh sect that produced it.

:"It was said that the granth had copied a number of portions from the Guru Granth Sahib. In one of the photographs it showed Baba Bhaniara, wearing a shining coat and headdress in a style similar to that made familiar through the popular posters of Guru Gobind Singh, the tenth guru of the Sikhs. In another Baba Bhaniara is shown riding a horse in the manner of Guru Gobind Singh."

The Polyester Prince, a biography of the Indian businessman Dhirubhai Ambani was banned nationally.

Internet

In 2004, a Yahoo! Groups discussion group was blocked because of fears the group, the Kynhun forum, had links with banned separatists." [http://news.bbc.co.uk/2/hi/south_asia/3148288.stm Outrage over India Yahoo ban] ", BBC News, 29 September 2003. Retrieved 29 May 2006.] [" [http://wired.com/news/politics/0,1283,60628,00.html Indian Net Ban Overshoots Its Aim] ", Wired News, 30 September 2003. Retrieved 29 May 2006.] The ban resulted in the entire Yahoo! Groups being banned due to the internet service providers' inability to implement a sub-group ban, and hence a huge range of harmless material were made inaccessible. The government used new information technology laws to force Indian internet service providers to block the forum after Yahoo! refused to comply. The ban sparked outrage and led to many people calling for the ban to be lifted. Concerns have been voiced that despite the inherent power of ruling bodies, the actions of the Indian government are actually illegal: "But the route they have taken is completely illegal and will be struck down if challenged in court", says Indian cyberlaw expert, Pawan Duggal.

In 2001, the Bombay High Court appointed a Committee to oversee issues relating to cyber pornography and Cybercrime. [http://www.cyquator.com/html/vol1.pdf Report of the Committee Appointed by the Bombay High Court] . The Court invited the petitioners Jayesh Thakkar and Sunil Thacker as [http://www.mid-day.com/news/city/2001/october/16106.htm special invitees] to provide their inputs and recommendations on cyber laws. The Committee upon identifying key issues made recommendations such as licensing of Cyber cafe, introducing identity cards for Cyber cafe visitors, ensure that Cyber Cafe that have cubicles or partitions be required to ensure that minors are not allowed to use machines in cubicles or behind partitions, mandatory maintaining of IP logs by cyber cafe, and so on. The Committee made several other recommendations such as connectivity and authentication at Internet service provider level which provided that Internet service providers were responsible for time clock coordination and record keeping. The report addressed the issue of protecting minor children from accessing adult sites and made a recommendation that Internet Service Providers must protective parental software with every Internet connection. The committee placed a special emphasis on lack of technical knowledge in the police and recommended special training of cyber cops. The report of the committee was well accepted by the Courts and is being put in to practice by the Police and Cyber cafes jointly.

India has blocked Internet access to several blogs and web sites in July 2006 because of the 11 July 2006 Mumbai train bombings. [cite news|title=India blocks blogging Web sites|date=2006-07-19|publisher=CNN|url=http://edition.cnn.com/2006/WORLD/asiapcf/07/19/india.blogging.ap/] . As with the Yahoo! Groups case, the government had wished for a few blogs to be banned for spreading "hateful or inflammatory" material, but the internet service providers were either unable to ban a few blogs selectively or found it easier to block all the blogs directly. After outrage, blog service was restored within a few days.

An active community of bloggers came up and protested against censorship on internet. The complete documentation is available at [http://censorship.wikia.com/wiki/Bloggers_Against_Censorship Bloggers against censorship] wiki and at [http://www.indiacensored.com Indiacensored.com]

References

External links

* [http://voiceofdharma.com/books/foe/ch15.htm "Ban this book", by Koenraad Elst]
* [http://koenraadelst.voiceofdharma.com/books/ayodhya/ch12.htm Koenraad Elst] - Book banning
* [http://www.ifex.org/en/content/view/full/149/ Censorship in India] - IFEX
* [http://www.newswatch.in/expressionist/archives/ The Expressionist: Tracking the moral police in India]