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    Legality of Book Banning

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    Sona Mary Joseph
    The document discusses the legality of banning books under Indian law. It provides details on sections 153A and 153B of the Indian Penal Code, which allow the government to ban publications that promote enmity between groups. It notes that book banning is an old practice dating back to ancient Rome, and provides some examples of books that have been banned in different countries. The document also discusses two relevant court cases from India that establish individuals must be given a hearing before or after any banning order and that merely informing about issues does not constitute promoting enmity between groups.

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    Legality of Book Banning

    Uploaded by

    Sona Mary Joseph
    45 views10 pages
    The document discusses the legality of banning books under Indian law. It provides details on sections 153A and 153B of the Indian Penal Code, which allow the government to ban publications that promote enmity between groups. It notes that book banning is an old practice dating back to ancient Rome, and provides some examples of books that have been banned in different countries. The document also discusses two relevant court cases from India that establish individuals must be given a hearing before or after any banning order and that merely informing about issues does not constitute promoting enmity between groups.

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    The document discusses the legality of banning books under Indian law. It provides details on sections 153A and 153B of the Indian Penal Code, which allow the government to ban publications that promote enmity between groups. It notes that book banning is an old practice dating back to ancient Rome, and provides some examples of books that have been banned in different countries. The document also discusses two relevant court cases from India that establish individuals must be given a hearing before or after any banning order and that merely informing about issues does not constitute promoting enmity between groups.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    45 views10 pages

    Legality of Book Banning

    Uploaded by

    Sona Mary Joseph
    The document discusses the legality of banning books under Indian law. It provides details on sections 153A and 153B of the Indian Penal Code, which allow the government to ban publications that promote enmity between groups. It notes that book banning is an old practice dating back to ancient Rome, and provides some examples of books that have been banned in different countries. The document also discusses two relevant court cases from India that establish individuals must be given a hearing before or after any banning order and that merely informing about issues does not constitute promoting enmity between groups.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    LEGALITY OF BOOK BANNING

    A M BHATACHARJEE
    153 A
    • Promoting enmity between different groups on

     (a) by words, either spoken or written, or by signs or by visible


    representations or otherwise, promotes or attempts to promote, on
    grounds of religion, race, place of birth, residence, language, caste or
    community or any other ground

    • disharmony or feelings of enmity, hatred or ill-will between different reli­


    gious, racial, language or regional groups or castes or communi­ties, or

    • (b) commits any act which disturbs the public tranquillity,


    • shall be punished with imprisonment which may extend to three years, or
    with fine, or with both. Offence committed in place of worship, etc.—
    However, the punishment of the offence committed in a place of worship
    is enhanced up to five years and fine.
    153 A
    1. The act of promoting enmity between different groups on
    grounds of religion, race, place of birth, residence,
    language, caste, community or any other group.

    2. Acts prejudicial to the maintenance of harmony between


    different groups or castes or communities, if the acts
    disturb public tranquility.

    3. Acts causing fear or alarm or a feeling of insecurity among


    members of any religious, racial, language or regional
    group or caste or community by use of criminal force or
    violence against them.
    Section 95 in The Code Of Criminal Procedure, 1973

    • 95. Power to declare certain publications forfeited and to issue search warrants
    for the same.
    • Where-(a) any newspaper, or book, or
    • (b) any document, wherever printed, appears to the State Government to
    contain any matter the publication of which is punishable under section 124A or
    section 153A or section 153B or section 292 or section 293 or section 295A of
    the Indian Penal Code (45 of 1860 ), the State Government may, by notification,
    stating the grounds of its opinion, declare every copy of the issue of the
    newspaper containing such matter, and every copy of such book or other
    document to be forfeited to Government, and thereupon any police officer may
    seize the same wherever found in India and any Magistrate may by warrant
    authorise any police officer not below the rank of sub- inspector to enter upon
    and search for the same in any premises where any copy of such issue or any
    such book or other document may be or may be reasonably suspected to be.
    Dwinkandita by Taslima Nasrin
    • book-banning is as old as book-writing
    • Homer's Odyssey was banned in Rome in the
    beginning of the First century.
    • Kite Runner –Khalid Hussein (Afghanistan)
    • Animal Farm by George Orwell
    • Such a Long Journey(not banned)
    • The Alchemist author was banned(Iran)
    • Satanic verses – Salman Rushdie
    • two paragraphs in that book,using such abusive
    words against the founder of her own religion.
    • "promote, or attempt to promote, enmity between
    different groups on grounds of religion, or
    disharmony, or feeling of enmity, hatred or ill-will
    between different religious groups and the
    publication of such matters is punishable under
    Section 153A of the Indian Penal Code.
    • writer herself is also Muslim by religion
    • the writer cannot be held guilty.(NO
    INVOLVEMENT OF 2 religious groups)
    • Bilal Ahmed Kaloo of 1997.
    • Bilal Ahmed Kaloo vs State Of Andhra Pradesh
    on 6 August, 1997.
    •  appellant (Bilal Ahmed Kaloo) never promoted
    feelings of enmity between any groups which
    are mentioned hence the appellant was not
    guilty under the sections 153-A .
    • merely informing about the behaviour of the
    army officials towards the citizen and not
    referring any other community or group.
    post-decision hearing
    • the person concerned should be given a
    reasonable opportunity of being heard.
    whether before or even after the decision.
    • Lalai Singh Yadav of 1971
    • a post-decision hearing by the authority
    making the order is a must
    • without giving the party affected any
    opportunity of being heard by the State
    government, are absolutely incompatible with
    our Constitution and also the due process of
    law ensconced therein by the Supreme Court.

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