An Analysis of Censorship in India: Balancing Freedom of Speech and Public Sensitivity in Media

  • Nischal M.S.
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  • Nischal M.S.

    Student at RV Institute of Legal Studies, Bengaluru, India

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Abstract

Censorship, the suppression or regulation of speech, media, or other public communication, has been a contentious issue worldwide, including in India. This article provides an in-depth analysis of censorship in India, examining its multifaceted impact on movies, general media, and books. By exploring the historical roots of censorship and its evolution, the article sheds light on how the practice has been used to maintain societal norms, political stability and public morals. Special attention is given to the role of the Central Board of Film Certification (CBFC) in regulating the film industry and the legal framework governing censorship as per the Cinematographic Act of 1952. The article discusses landmark cases such as K.A. Abbas v. Union of India, Bobby International v. Hoon, and Shreya Singhal v. Union of India, which have shaped the landscape of censorship in India. These cases illustrate the ongoing tension between the right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution and the state's authority to impose restrictions for various reasons, including national security, public order and morality. Through detailed analysis of specific instances of censorship in movies, media and literature, the article highlights both the protective and repressive aspects of censorship. It examines high-profile controversies like the banning of films such as "Padmaavat" and "India’s Daughter," censorship of books like Salman Rushdie's "The Satanic Verses" and the impact of media regulations on press freedom. By reviewing these diverse cases and their broader implications, the article aims to question whether current censorship practices in India strike a fair balance between safeguarding societal interests and upholding the fundamental right to free expression.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 4, Page 148 - 155

DOI: https://doij.org/10.10000/IJLSI.112092

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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