Curtailing the liberty of expression: Censorship as a cutting edge of creativity

Abstract

Censorship of the Press during the time of Indira Gandhi had created a lot of controversies. It was during the time of emergency that India was first brought under the malice of censorship. There wasa restriction on newspaper publication and she did not allow the free flow of ideas. It created a lot of problems among the general public. As a succession of the policy adopted by Indira Gandhi, India still imposes restrictions. And it is not limited to some newspaper articles, even restrictions were brought on the cartoons that are published.The American Author Audrey Tuschke was attacked for her narration of history from the viewpoint of the Mughal rule. She was threatened to be killed in Andhra Pradesh for expressing her views. Professor Gauri Lankesh a noted journalist from Bangalore was assassinated in Bangalore for expressing her opinions. Even publishing houses are afraid to publish contents that are a threat to the morals of society. Penguin India was threatened from publishing any works of Wendy Doniger. Article 19(2) provides unlimited restriction to the freedom of expression. However, there are demands from the liberal sections of the society to provide an exception to certain sections of the freedoms of expression including Section 153B of the IPC which restricts the freedom for national integration. Section 295 of the IPC  deals with issues of blasphemy, Section 499 of the IPC which deals with criminal defamation and section 124  A of the IPC dealing with sedition and section 505 of the IPC which deals with statements that evokes fear among the public, insult to government officials and disparage to people belonging to other community. By repealing the above-mentioned laws we will be able to enjoy the freedom of expressions in a society in much greater ways. Also, the publishers should take efforts to ensure that the books are not subjected to pre-censorship rules.