The Second Coming of Sedition

[Excerpt] Sedition lingers on in India, refusing to go away, silencing students, doctors and writers today as it did nationalist leaders a century ago. The increasing use of sedition in the twenty-first century, no matter the government in power, has set India upon a dangerous, backwards-facing trajectory.

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The Humpty-Dumpty Censorship of Television in India

In India, a cable television channel’s content has invited a government warning, which the channel has judicially challenged. The incident recasts light on India’s absurd system of television censorship, which primarily flows from the Cable Televison Act, 1995. A poorly-drafted list of prohibited content, called the Programme Code, is interpreted by a group of unaccountable bureaucrats with no specialized knowledge of television, arts, or the law. Similar to the erstwhile section 66A of the Information Technology Act, which was recently judicially struck down for vagueness, the Programme Code has survived by evading judicial scrutiny. How does such arbitrary censorship subsist? Humpty Dumpty might have the best answer.

Free Speech and its Discontents in India

[Excerpt] The irony of Subramanian Swamy’s newest challenge to India’s hate speech and blasphemy laws is lost on many of his supporters. The same laws were used to prosecute Wendy Doniger and harass Maqbool F. Hussain, as well as Shirin Dalvi and others who published images depicting the Prophet Muhammad.

The Four Parts of Privacy in India

[Summary] Because privacy enjoys an abundance of meanings, it is claimed in diverse situations every day by everyone against other people, society, and the state. Traditionally traced to classical liberalism’s public/private divide, there are now several theoretical conceptions of privacy that collaborate and sometimes contend. Indian privacy law is evolving in response to four types of privacy claims: against the press, against state surveillance, for decisional autonomy, and in relation to personal information. The Indian Supreme Court has selectively borrowed competing foreign privacy norms, primarily American, to create an unconvincing pastiche of privacy law in India. These developments are undermined by a lack of theoretical clarity and the continuing tension between individual freedoms and communitarian values.