India’s Supreme Court is becoming a national embarrassment. One of its judges, Justice Dipak Misra, has forced cinemas to play the national anthem at the start of every film, ordered people to stand, and banned dramatisations of the anthem. The judge’s order, which is very poorly written, is bad in law and damages the credibility of the court.
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.