Comprehensive coverage, analysis, and breaking news on freedom.
Far from being a political afterthought, India's secular character is deeply rooted in the freedom struggle, Constituent Assembly debates, and the Constitution's core guarantees of equality and religious freedom
Mohammad Wasim
Staff Writer
Eight years after the Modi government repealed the colonial era Dramatic Performances Act, remnants of the law in Maharashtra and Gujarat continue to uphold a regime of censorship for theatre artists.
While SICs/CIC may reject particular applications if they fall under the exceptions catalogued in the RTI Act, they cannot impose overarching bans on citizens' right to information.
The HC’s order reflects a conspicuous judicial attempt to dilute the settled precedent in Shreya Singhal (2015), privileging restriction over the enhancement of free expression.
Bihar’s new gig workers law goes one step ahead of similar state laws when it comes to recognising workers’ welfare rights. But a weak funding framework for welfare entitlements and restriction on trade unions make this a law mired with internal inconsistencies.
Going forward, reimagining migrant safety as a constitutional and human rights obligation, rather than a matter of state discretion, is essential, achievable only through co-operative federalism.
Justice Sundresh questioned whether defamation involving private individuals can legitimately be classified as a crime when it serves no broader public purpose. In 2016, the Court had upheld the constitutionality of the criminal defamation law.
Shadow banning of human rights commentators and journalists on social media infringes core tenets of our constitutional freedoms. Despite certain obligations under the IT Act and Rules, India’s regulatory regime does not yet address the opaque nature of this silent censorship.
The matter will be taken up after six weeks to consider the prayer for stay of these laws.
The Court’s directive to the Union government, in the Samay Raina case, to have a guideline to regulate ‘commercial speech’ can have a chilling effect on speech, which is inconvenient for the political establishment. For the disability movement, this is a moment to reflect on the limits of carceral disability justice.
In silence, haste and the shadow of mainstream discourse, India brought in a new Income Tax Act in August. Until put through exacting constitutional scrutiny, the expansion of search and seizure power to “digital space” could financially cripple critical journalism and civil society.
Taking note that the Haryana police SIT had seized Mahmudabad’s devices, the Court asked why the SIT was “misdirecting itself” despite earlier order to not expand scope of investigation.
On August 5, the J&K Home department notified the ban of 25 books, also marking the Director of Libraries in J&K, likely directing for the books to be removed from public libraries in the region. Before librarians, there is a stark dilemma, one they have faced before in eras of censorship - comply or abide by international ethical codes?
Justice Datta’s comments last week on the leader of opposition’s patriotism revealed one thing with clarity: a judge’s words carry both legal weight and public influence, and even the unspoken has a profound impact.
As the J&K Home Department bans 25 books by intellectuals by classifying them as ‘seditious’, we must understand that it is not just the ink, but the imagination, the inquiry, and the unforgetting histories which are under attack.
The top Court’s decision effectively upholds the Tamil Nadu government’s position and reiterates that State-level schemes named after sitting Chief Ministers or prominent leaders are not inherently unconstitutional.
“If you are a true Indian, you would not say this,” remarked Justice Dipankar Datta, questioning the credibility of the Leader of Opposition’s claims.
A peaceful pro-Palestine rally at Delhi’s Nehru market was rocked by a hyper-nationalist mob of intruders. As tensions escalated, Delhi police first stood by and watched, and then closed in on the protestors to detain and charge them. One reporter saw it all.
For decades, free speech has remained central to the health of liberal democracies. As Ali Khan Mahmudabad’s prosecution emerges as a test to India’s liberal commitments, the judiciary’s intervention, like many critical times in the past, must be looked at with calculated hope.
At times the understanding of the state institutions seems to be that the Constitution of India protects ‘right to be offended’ as a fundamental right and the freedom of speech and expression is subordinate to it.
Scientific temper, as enshrined in Article 51A(h), is often reduced to a footnote. But what if it were central? What if the story of constitutional democracy in India is also a story about how we argue, question, doubt, and dare to know?
Can a university not be a space to debate and critique the hounding political issues of our time - including how court decisions and the law are framed - what Upendra Baxi terms ‘demosprudence’? How would social movements inform judicial decisions unless they are discussed beyond the four walls of the superior courts and the black letter of the law?
Despite its critical importance, the right to freedom of thought (‘FoT’) remains underdeveloped in both law and discourse. As social media and advertising groups exploit the limits of our regulations around mental autonomy, a revival of debate and discourse on FoT is crucial.
Laila Lalami’s haunting short story Echo (2011), part of a post 9/11 literary collection, follows an Arab academic in the US hounded for her critique of the ‘War on Terror’. Lalami’s U.S. and Modi’s India present a common blue print for chilling speech in liberal academic spaces, and the law’s enabling role in it.
In a recent similar case against Madhya Pradesh MP Vijay Shah for egregious comments against Col. Sofiya Qureshi, the Bench had not refrained the Minister from expressing opinion.
From granting bail to Manish Sisodia for denial of right to speedy trial to staying Rahul Gandhi’s conviction in defamation case, Justice Gavai’s record on personal liberty matters has been a noteworthy one
In response to the organised protests, Blinkit blocked the worker IDs of delivery partners in a complete violation of the freedom of association guaranteed under Article 19.
Gulifisha’s continued imprisonment and her poetry on the unjusts of pre-trial detention showcase the masculinist carceral culture of the Indian State
Heavy cuts in recent Malayalam film Empuraan which depicted the Gujarat riots and the denial of certification to internationally acclaimed film Santosh denote the hold of political and revisionist interventions in the CBFC
On March 8, as Palestinian protestor Mahmoud Khalil was being detained by U.S.’s federal immigration authority, Umar Khalid completed 1538 days in jail without trial. The U.S. under Trump and India share, clearly, a common authoritarian vision where national security laws can easily dismantle constitutional protections on free speech to stifle political dissent.
The civil rights organisation claims that most books that have been seized were published by Jamaat-e-Islami Hind, and authored by its founder, the scholar Abul Ala Maududi. The crackdown on Kashmir’s rich art and literary legacy,is another reminder of the tightening grip on Kashmir’s intellectual spaces.
As a recent wave of protests erupt in one of India’s leading minority institutions, the administration has responded with heavy police deployment and invoking the law to curb demonstrations. Faced with archaic property defacement laws and charges of ‘unlawful assembly’ and ‘mischief’ under the new criminal codes, students continue a push-back for free speech
The revocation of the philanthropic status of the Reporters' Collective, which has consistently produced critical journalism, from covering Electoral Bonds to Adani, for purposes of income tax exemption, cannot be viewed in a vacuum. If anything, it is an indication of how majoritarian governments do not hesitate from weaponising tax law to stifle the press.
Earlier this month, the 125 year old website published a cartoon of Prime Minister Modi shackled, with U.S. President Donald Trump ridiculing him, as a satirical commentary on the Indian government’s silence over undignified deportation of various Indians from the U.S. Days later, the website went invisible. The government’s blocking of the website without supplying any reasoning is another blow to press freedom in the country.
The string of State actions against social media influencer Ranveer Allahabadia for a joke on an online show, and a recent decision by the Chhattisgarh High Court acquitting a person accused of committing marital rape have something in common. As liberal democratic principles erode systematically, how the State responds to offences will be shaped by the society’s majoritarian impulses.
Ranveer Allahbadia has approached the Supreme Court by filing a writ petition against multiple First Information Reports (FIRs) against him in different states. His lawyer mentioned the matter before the Chief Justice of India today for urgent listing, who said it would be listed soon.
“There are endless stories like this in Tihar. Stories that nobody wants to tell and that no one is willing to hear."
In the second part of this series, we question the proportionality of detention given the low likelihood of deportations
A heart-wrenching story of modern-day slavery in the heart of India’s national capital.
On M.K. Gandhi’s Martyrdom Day, S.N. Sahu takes a look at his perspective linking dictatorship with control of media by the ruling party.