Post on 07-Apr-2023
1
Legality of Book Banning
(Group B6)
Law and Language - I
Submitted by
Vrinda Vinayak
Roll No. 76LLB14
Submitted to:
Dr. Prasannanshu
2014
National Law University, Delhi
2
Table of Contents
Serial No. Chapter Page
1 Acknowledgements 3
2 Background and Introduction 4
3 Methodology 9
4 Observation table 11
5 Results and Analysis 79
6 Discussion 86
7 Conclusions 92
8 References 94
3
ACKNOWLEDGEMENTS
I feel very privileged in expressing my gratitude to Dr. Prasannanshu for permitting me to move
forward with this research project and providing valuable inputs. This project could not have
been completed but for his constant motivation and able guidance.
I would like to thank Dr. Priya Rai, Chief Librarian, National Law University Delhi, for
enabling me to utilize the library resources efficiently.
I also extend my gratitude towards my parents and my classmates who encouraged me and
assisted me directly or indirectly with my research.
Vrinda Vinayak
1st year
B.A. LL.B. (Hons.)
National Law University
Delhi
4
Background and Introduction
1.1 What is Book Banning?
“Don’t join the book burners. Don’t think you are going to conceal faults by concealing
evidence that they ever existed.” –Dwight D. Eisenhower, Speech at Dartmouth College,
14th June, 1953
“The books that the world calls immoral are the books that show the world its own shame.”
–Oscar Wilde, The Picture of Dorian Gray, 1891
Simply stated, book banning is a form of censorship. It is the practice of banning and
withdrawing from circulation, certain books based on perceived notions of social,
political or moral obscenity. (Blume, 1999) The censorship of literature on the charge
of obscenity appears to have begun in the early 19th century. The rise of the middle
class, who had evangelical backgrounds, brought about this concern with obscenity
(Robert, 1965).
Book burning has been in practice since the 7th Century BC, when Jehoiakim, King of
Judah, burned part of the prophet Jeremiah's scroll. It is the practice destroying written
material by setting fire to it. It is generally done ceremonially, in public, to generate
public condemnation of the material. Book banning is a civilised form of the vice of
book burning, which is a sure sign of fascism (Noorani, 2007).
"Almost every country places some restrictions on what may be published, although
the emphasis and the degree of control differ from country to country and at different
periods."( McLintock, 2009).
5
1.2 Background of Book-Banning in India
“What is freedom of expression? Without the freedom to offend, it ceases to exist.” ―Salman
Rushdie.
The British raj did not confer basic fundamental rights on its subjects. The constitution of India
recognises that citizens are entitled to such rights. Article 19 (a) of the Indian Constitution
clearly states that all citizens shall have the right to freedom of speech and expression. The
British Raj in India in the late 19th and early 20th centuries was characterised by indecision
regarding matters of free expression.
“…the bureaucracy had not resolved the inherent ideological tension between theoretical
adherence to democratic ideas and ultimate recourse to repression as a means of political
survival.”(Chandran, 2010)
This is brought out starkly in the official communication between Lord Morley, secretary of state
for India at the India Office in London and Lord Minto who was the viceroy in India. The liberal
in Morley was opposed to imposing restrictions on freedom of expression in India, while Lord
Minto understood the realpolitik that demanded strict action against errant journalists and
writers. In a letter dated 19 May 1908, an exasperated Minto wrote to Morley (quoted by Barrier
1976: 21):1 The modern House of Commons is absolutely incapable of understanding Indian
humanity and the influence of many creeds and traditions, and is to my mind perhaps the greatest
danger to the continuance of our rule in this country.
Needless to say, subsequent acts of violence by Indians even in London, for in- stance, the
assassination of Sir William Hutt Curzon Wyllie by Madan Lal Dhingra in 1909 convinced
Morley of the necessity of stringent action, including tight con- trols over the press in India. This
resulted in stricter application of the various laws on printed matter from 1910 up to the year of
India’s indepuendence in 1947 (Chandran, 2010).
6
1.3 Introduction to Legality of Book-Banning
Laws framed during the British Raj were used by the newly liberated colony to gag the
press and literature. Major laws used to curb literature, like the Customs Act, the Post
Office Act, the Official Secrets Act, the Press Registration Act of 1867, and Sections
124, 153 and 252 of the Indian Penal Code, retain the major tenets they contained
when originally drafted by the British (Chandran, 2010).
Under the Indian Constitution and law, the Right to Expression is subject to 'Reasonable
Restrictions'. Article 19, which under its clause 1(a) gives all citizens the right "to freedom of
speech and expression;" goes on in the very next clause, clause 2, to state:
"Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent
the State from making any law, in so far as such law imposes reasonable restrictions on the
exercise of the right conferred by the said sub clause in the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign States, public order,
decency or morality or in relation to contempt of court, defamation or incitement to an offence"
To ban a book in India, the government takes recourse to two statutes. One is the Customs Act
1962, by this act the government prevents the import of the books in India, thus, in a way prevent
the circulation of the. The other method is to confiscate the books published or sold in India.
This power is derived from section 95 of Criminal Procedure Code 1973, which empowers the
state government to declare “forfeited to the government” any newspaper, document or book
which, in its opinion, offends against the following provisions of the penal code; namely, S 124-
A (“sedition”), S 153-A (promoting ill will “between different…groups” based on religion,
language, caste, etc), S 153-B (imputing disloyalty to the country to any such group); S 292
(obscene literature); S 293 (sale of obscene literature to the young); or S 295-A (insult to
religious feelings of any group of citizens with “deliberate and malicious intention of outraging
the religious feelings” of that class) (Noorani, 2007).
7
The government, however use these provisions to serve its political intentions. There are many
instances of book banning, where the governments have banned the books invoking the above
mentioned sections of Indian Penal Code and subsequently, the judiciary has also quashed these
unqualified bans, securing the freedom of expression of the citizens.
Section 11 (1) of the Customs Act, 1962 reads:
If the Central Government is satisfied that it is necessary so to do for any of the purposes
specified in sub-section (2), it may, by notification in the official gazette, prohibit either
absolutely or subject to such conditions (to be fulfilled before or after clearance) as maybe
specified in the notification, the import or export of any specified description.”
Sub-section (2) says:
The purposes referred to in sub-section (1) are the following:
(a) The maintenance of the security of India
(b) The maintenance of public order and standards of decency or morality
(i) The prevention of dissemination of documents containing any matter which is
likely to prejudicially affect friendly relations with any foreign state or is
derogatory to national prestige
(ii) The prevention of the contravention of any law for the time being in force; and
(iii) Any other purpose conducive to the interests of the general public
This provision is patently unconstitutional for the following reasons (Noorani, 2007):
First, the grounds go far beyond those mentioned in Article 19(2) of the Constitution on which
alone the fundamental right to freedom of speech and expression may validly be restricted.
Neither "national prestige" nor "the interests of the general public" figure there. As the Supreme
Court pointed out in the Sakal Papers Case (1962), this pre- cious right "cannot, like the freedom
to carry on business, be curtailed in the interests of the general public". Secondly, Article 19(2)
says that the restrictions must be "reasonable". The court has ruled repeatedly that a provision
which confers unfettered power or which does not provide for appeal to an independent body is
unreasonable. Section 128 of the Act pro- vides for appeal from Caesar to Caesar; from the
8
collector to the board of revenue and from an official of lower rank to the appellate collector of
customs. Thirdly, it is manifestly unreasonable that even after its clearance, the book's
circulation should de- pend on the will of the customs.
But, the trend of banning of book in India is decreasing with the passage of time. This
welcoming decrease in the trend shall be attributed to the active role of Judiciary in India, which
has presented a liberal outlook towards book banning and limited the scope of grounds of book
banning.
9
Methodology
The method of doctrinal research has been applied, which implies the collection and analysis of
data from secondary research materials such as books, articles, etc. The research is not based on
empirical method of research which includes surveying, collection of primary data through
questionnaires, etc.
The project has been prepared with the dual approach of analysing the legality of book banning.
The dual approach of the project includes a study and analysis of general articles on book
banning (either in favour of or against) and the study of specific instances of book banning.
A table is a collection of related data held in a structured format within a database. It consists
of fields (columns), and rows.
An observation table has been prepared for crisp presentation of the data. Our learned teacher, Dr
Prassananshu’s brainchild, the observation table, is an effective way to prepare and present our
research projects, and presents the following advantages:
It makes a greater impact on the reader than full sentences.
It enables relationships between the observation, comments and keywords.
It condenses detailed information and thus, avoids complexity and redundancy
It acts as a summary of detailed information
In the observation table, the researcher has mentioned, observed and analysed all those articles,
which have been studied for the purpose of this research project. The observation table includes
six columns viz. serial number, source, observation, comments of the researcher, keyword 1 and
keyword 2. Under the column of observation, some excerpts of the mentioned article in the
respective source column have been taken. Having taken the observations from an article, the
researcher has given his comments on that excerpt or on the article. The column of key words is
significant in giving a direction to the observation table and the project as a whole. The basis for
the first keyword is reasons that can be inferred from the observation as being in favour of
banning books; the basis for the second keyword column is the reasons which can be inferred
from the observation as being against the practice of banning books.
10
The various categories of classification on both basis have been listed below, so that the reader
can conveniently identify the nature of observation and the reason of it being classified under a
specific category.
Reasons in Favour of Book-Banning:
1. Political Issue
2. Social Issues – It is a broad category, which has been sub-categorized into:
exertion of external influence
behavioural norms and public morality
communalism
public sentiment with respect to obscenity and vulgarity
racial issues
perpetuation of enmity and inequality between various social classes
3. Religious Issues – This is the broadest category. It has been sub-categorized as:
offending the sensibilities of a particular religious group
making a mockery of a revered religious figure
blasphemy
fundamentalism/extremism
influence of the dominant religious group
4. Historical Issues
5. Legal Issues
Reasons against Book-Banning:
1. Democratic Values (Freedom of Speech and Expression) as guaranteed by Article 19(1) of
the Constitution of India.
2. Spreading Awareness
3. Academic Development
4. Misinterpretation and Fear of ‘Possible’ Consequences
5. Legal Aspect
11
Observation Table
S.No SOURCE
Include name
of the
author(s),
year, title,
publisher and
page number.
OBSERVATION
Include the excerpt
that the researcher
finds interesting for
his study
COMMENTS OF
RESEARCHER
KEY
WORD 1
(Reason
for
Banning
the Book)
KEYWOR
D 2
(Reasons
against
Banning
the Book)
1 Clause 2,
Article 19,
Indian
Constitution
"in the interests of the
sovereignty and
integrity of India, the
security of the State,
friendly relations with
foreign States, public
order, decency or
morality or in relation
to contempt of court,
defamation or
incitement to an
offence"
These are the
reasons laid out by
the Indian
Constitution on
which the state
might restrict the
Right to Freedom of
Speech and
Expression.
Legal
Aspect
2 Clause 2,
Article 19,
Indian
Constitution
"in the interests of the
sovereignty and
integrity of India, the
security of the State,
friendly relations with
foreign States, public
order, decency or
morality or in relation
to contempt of court,
These are a wide
variety of reasons,
and with suitable
interpretation, this
can be used to ban a
number of books on
the whims of the
government.
Legal
Aspect
12
defamation or
incitement to an
offence"
3 Clause 2,
Article 19,
Indian
Constitution
"in the interests of the
sovereignty and
integrity of India, the
security of the State,
friendly relations with
foreign States, public
order, decency or
morality or in relation
to contempt of court,
defamation or
incitement to an
offence"
The phrase 'friendly
relations with
foreign States'
implies that the
Indian Government
has the authority to
ban a book even if it
does not humiliate
anyone inside Indian
borders, but hurts
the sentiments of
any group within
any foreign State
Legal
Aspect
4 Clause 2,
Article 19,
Indian
Constitution
"in the interests of the
sovereignty and
integrity of India, the
security of the State,
friendly relations with
foreign States, public
order, decency or
morality or in relation
to contempt of court,
defamation or
incitement to an
offence"
The Constitution
thus gives it
considerably wide
censorship powers.
In practise however
these are subject to
the opinions and the
responses of the
civil society, as
stated in the
comment above.
Freedom
of Speech
and
Expressio
n
5 Noorani, A.G.,
“Book
Banning”,
Books are banned by
recourse to two
statutes. One method
In this article, the
author has explained
the due legal process
Legal
Issues
13
Economic and
Political
Weekly,
December 1,
2007, pp. 10-
11.
is to prevent their
import from outside;
another is to
confiscate books
published or sold
here….. The other
method is to use
Section 95 of the
Criminal Procedure
Code, 1973……. It
empowers the state
government to declare
“forefeited to the
government” any
newspaper, document
or book which, in its
opinion, offends
against the following
provisions of the
penal code; namely, S
124-A (“sedition”), S
153-A (promoting ill
will “between
different…groups”
based on religion,
language, caste, etc),
S 153-B (imputing
disloyalty to the
country to any such
group); S 292
(obscene literature); S
that the government
adopts to ban a
book. He has also
identified the
loopholes through
which book banning
can be enforced by
the government for
its selfish motives.
The author has
discussed the
validity of law
through a series of
cases, in which the
provisions regarding
the book banning
have been
interpreted.
14
293 (sale of obscene
literature to the
young); or S 295-A
(insult to religious
feelings of any group
of citizens with
“deliberate and
malicious intention of
outraging the religious
feelings” of that class
6 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
The alarming trend in
India today is
censorship by the
mob, or in other
words, the true
democratisation of
censorship, where it
has ceased to be a
punitive measure
wielded by the
government. The
trajectory of literary
censorship from the
days of the British Raj
to the present shows
that even as the courts
have increasingly
stood for free
expression, the mob
demands the
suppression of
Social
Issues:
External
Influence
(Mobocrac
y)
15
material antithetical to
its views… However,
it is this culture of
responsible reading
that the mob or the
amorphous public
seems to have
abdicated willingly
when it comes to the
offence of blasphemy
in literature. There
seems to be an extra-
judiciary censorship
in place in such cases,
for most of these
books have never
reached the courts in
India.
7 Banning
History
Economic and
Political
Weekly, Vol.
39, No. 3 (Jan.
17-23, 2004),
pp. 212-213
History, as has been
claimed by several of
its practitioners, can
only form an interim
report. It is ever open
to interpretation, to
'revision' and
alteration based on
constantly emerging
new
evidence/learning.
Here, the author
condemns the
banning of Shivaji:
Hindu King in
Islamic India, on the
grounds that history
becomes both a
crutch for those who
want status quo and
a site for exploration
for those who seek a
socio-historical
Academic
Developm
ent
16
grounding for new
ideas, concepts and
developments.
While the political
class tries to capture
these developments
as and when it is of
consequence, it is
important that
academia
consistently keeps
the discipline open
to any and all
academic
exploration and
interpretation.
8 Banning
History
Economic and
Political
Weekly, Vol.
39, No. 3 (Jan.
17-23, 2004),
pp. 212-213
History, as has been
claimed by several of
its practitioners, can
only form an interim
report. It is ever open
to interpretation, to
'revision' and
alteration based on
constantly emerging
new
evidence/learning.
For academic
development, it is
important to not
only preserve
historical resources
but allow free access
to it.
Freedom
9 Chandran,
Mini, “The
Democratizati
on of
The Satanic Verses
created a controversy
in England where it
was launched in 1988
It was felt that The
Satanic Verses
would offend the
sensibilities of
Religious
Issues:
Offending
Sensibiliti
17
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
…There were riots in
Bombay that left 14
people dead, and
finally Prime Minister
Rajiv Gandhi was
forced into imposing a
ban, “because it was
felt that it might hurt
the feelings of certain
groups of people”
(quoted by Shourie
1993: 327).
Muslims which
could lead to
violence and riots.
es
10 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
This growing public
intolerance should be
seen in juxtaposition
with that other hand
of censorship, namely,
the judiciary.
Interestingly, here we
see a complete turn-
around from the
period immediately
after independence.
Hence, the
unexpurgated novel
was banned in India in
1964. The court gave
a landmark definition
to define the term
obscenity. The
Falling back on vari-
ous judgments in
other countries, his
final decision was
that (quoted in Shah
1968: 101):
“obscenity without a
preponderating
social purpose or
profit cannot have
the constitutional
protection of free
speech”. Moreover,
it would not be an
ideal role model for
the regional
literature of India
that was finding its
Legal
Aspect
18
significant part is that
the court has very
successfully related
the term obscenity
with society, though it
becomes subjective.
own feet.
11 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
One of the first books
to be banned by the
Supreme Court of
India was D H
Lawrence’s Lady
Chatterley’s Lover in
1964.... Chief Justice
Hidayatullah, who
pronounced the
verdict, was
confronted with the
vexing issue of the
legal definition of
obscenity. The
questions were: (1)
whether the unexpur-
gated novel, when
taken as a whole,
contained obscenity
that could de prave
and corrupt readers,
and (2) whether the
constitutional
protection provided to
The judge’s
observation was that
the obscenity in the
novel did appeal to
the baser instincts of
readers and could
have a corrupting
influence.
Social
Issues:
Obscenity
and
Vulgarity
19
free speech could be
extended to obscenity
as well.
12 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
The courts, however,
did not maintain this
rigidity of stance vis-
a-vis literature in the
years to come. Very
often, they have
become the protectors
of free speech in cases
where charges were
levelled against
writers. Although
books have been
brought to court on
obscenity charges,
there are very few that
have been legally
banned.
The judiciary in
India is now
increasingly moving
towards protecting
the fundamental
right of Freedom of
Speech and
Expression over
protecting the
sentiments, religious
or otherwise, or
selected groups of
people.
Legal
Aspect
13 Banerjee,
Sumanta,
‘Fahrenheit
451’: Empty
Bookshelves
and Closed
Minds,
Economic and
Political
Weekly,
The two events – and
the reactions from the
political bigwigs – not
only indicate the
pathetic level of
enlightenment and
intellectual
understanding among
our public and
politicians, but also
In this extract, the
author refers to the
instances of banning
of Dwikhandito(
autobiographical
work of Tasleema
Nasrin, which was
banned in West
Bengal ) and
Shivaji: Hindu King
Political
Issues
20
January 24,
2004, pp. 318-
319.
raise important
questions about the
wisdom of arbitrary
official ban on
dissenting literature in
general, and the
validity of
manipulated popular
campaigns against
such literature that
often prompt the
banning, in particular
in Islamic
India(book by James
Laine). The author
argues that these
bans were preceded
by a series of
agitations by the
interested pressure
groups and the
government
conceded to such
demands just
because of its
political interests..
The author calls it
stupidity on the part
of the governments
to concede to such
demands and
unfortunately
governments do
concede to such
demands.
14 Banerjee,
Sumanta,
‘Fahrenheit
451’: Empty
Bookshelves
and Closed
Minds,
But, if it is a
demonstration by
religious bigots –
whether Hindus or
Muslims, however
violent they might be,
and however
The political parties
always concede to
the demands of
every religion
irrespective of its
rationale and
intellectual
Religious
Issues (
Demands
of Specific
Dominant
Groups)
21
Economic and
Political
Weekly,
January 24,
2004, pp. 318-
319.
monstrous their
demands could be –
these same state
governments
(irrespective of their
political hues) are all
too eager to placate
them
understanding. In
simple words, the
author tries to say
that the banning of
books by the
governments is an
effort to placate the
religious and
regional demands of
various pressure
groups, who even
lack intellectual
understanding of
their demands of
banning the
dissenting literature
and are ignorant
about the content
and implications of
the literature.
15 Banerjee,
Sumanta,
‘Fahrenheit
451’: Empty
Bookshelves
and Closed
Minds,
Economic and
Political
Weekly,
But, if it is a
demonstration by
religious bigots –
whether Hindus or
Muslims, however
violent they might be,
and however
monstrous their
demands could be –
these same state
This ‘giving in’ to
demands of
dominant religious
groups by political
parties is mostly to
secure their vote
bank, and guarantee
votes form a
particular section of
society for elections.
Political
Issues
22
January 24,
2004, pp. 318-
319.
governments
(irrespective of their
political hues) are all
too eager to placate
them
16 Banerjee,
Sumanta,
‘Fahrenheit
451’: Empty
Bookshelves
and Closed
Minds,
Economic and
Political
Weekly,
January 24,
2004, pp. 318-
319.
The Left Front
government’s
acquiescence in the
politics of the Islamic
clergy in West
Bengal, only goes to
show that stupidity
does not belong to a
single party or regime.
The use of book
banning as a tool to
serve the political
interests of a party is
not confined to one
parties but as it is
said all the dogs in
the street are dirty,
all the politicians
have the same
tendency to serve
their interests.
Political
Issues
Banerjee,
Sumanta,
‘Fahrenheit
451’: Empty
Bookshelves
and Closed
Minds,
Economic and
Political
Weekly,
January 24,
2004, pp. 318-
Vandalism and
violence are being
endowed with a self-
righteous religious
value by politicians of
all hues.
Violence is being
justified by all the
political parties by
overshadowing it
with a religious
canvas.
Political
Issues
23
319.
17 On Banning
Books
Shahana
Bhattacharya
Economic and
Political
Weekly, Vol.
39, No. 6
(Feb. 7-13,
2004), pp.
510+600
Since few people
would have occasion
to read the book, the
government's decision
to consider banning
the book under Cr PC
for "provoking public
sentiment and creating
tensions in society"
and contemplating
legal action against
the author is clearly
motivated for
electoral purposes.
The author states
that books are
banned based mostly
on people’s
reactions to it. The
authorities mostly
don’t even read the
text in question, but
ban the books to
muster political
support.
Political
Issues
Misinterpr
etation
18 On Banning
Books
Shahana
Bhattacharya
Economic and
Political
Weekly, Vol.
39, No. 6
(Feb. 7-13,
2004), pp.
510+600
Banning a book is not
just arbitrary but goes
against the very
democratic right to
freedom of speech and
expression
irrespective of
political beliefs. The
recent ban on Taslima
Nasrin's book by the
West Bengal
government in
November 2003 and
the present one raise
serious questions
The writer questions
the validity of
banning books with
regard to the Right
of Free Speech and
Expression.
Freedom
of Speech
and
Expressio
n
24
about the protection of
these rights by the
state and its
institutions.
19 Vjpeyi,
Ananya,
“Rejecting
Politics of
Injury”,
Economic and
Political
Weekly,
January 31,
2004, p. 412
The work on Shivaji
by the American
professor James Laine
must be judged on the
cogency of its
arguments and the
propriety of its
methodology. Instead
we are asked to judge
it on the basis of the
nationality of its
author.
The author through
this article asks the
common people of a
democracy to judge
an issue from
empirical and
logical point of view
rather than from a
prejudicial one. For
the development of
the society, it should
be liberal enough to
accommodate the
justified dissenting
changes.
Social
Issues:
Democrati
c Values
of
Freedom
20 Vjpeyi,
Ananya,
“Rejecting
Politics of
Injury”,
Economic and
Political
Weekly,
January 31,
2004, p. 412
A claim about
Shivaji’s parentage,
made by anyone and
put into the public
domain, should be
judged for the degree
to which it is or isn’t
grounded in
empirically verifiable
historical sources, not
for its emotional
In the book on
Shivaji, if there is
any new fact about
the life of Shivaji, it
shall be judged from
a broader
perspective
excluding the
inherent emotional
attachment to the
character. The
Historical
Issues
25
effect on those who
might cling to
baseless myths about
the great king’s
antecedents.
violent agitation by
the Sambhaji
brigade is a symbol
of the undeveloped
and un mature
society.
21 Vjpeyi,
Ananya,
“Rejecting
Politics of
Injury”,
Economic and
Political
Weekly,
January 31,
2004, p. 412
It must be judged for
the quality of the book
it has put out, not for
the feelings its
publication may
arouse in some
individuals or
communities.
The central idea is
that the society
should not judge the
book based on the
prejudices but it
should also take into
consideration the
new facts and see if
the facts are
justifiable
Fear of
‘possible’
consequen
ces
22 Sanders,
Mark, “J.M.
Coetzee on
Censorship
and
Apartheid”,
Law and
Literature,
Vol. 18, No. 1
(Spring 2006),
pp. 101-114.
The real quarry of the
censor is thus not the
desired object but the
desiring subject, and,
in the end, the very
desire that attaches to
that subject. To the
extent that it is, as
Coetzee formulates it,
also a counterattack
on desire, censorship
shares a basic impulse
with apartheid
The author has
shown a study on
the articles of
Coetzee and how he
relates the apartheid
and censorship.
Coetzee defines
apartheid as the way
by which desires of
blacks are attacked
by the whites.
Censorship is thus
analogical to
apartheid since
Social
Issues:
Racial
Issues
26
thinking. censorship is also a
means to suppress
the desires of those
who want to express
and those who wants
to read some new
literature.
23 Blume, Judy,
“Places I
Never Meant
to Be: Original
Stories by
Censored
Writers.”,
What I worry about
most is the loss to
young people. If no
one speaks out for
them, if they don't
speak out for
themselves, all they'll
get for required
reading will be the
most bland books
available. And instead
of finding the
information they need
at the library, instead
of finding the novels
that illuminate life,
they will find only
those materials to
which nobody could
possibly object.
The author in this
article quotes Judy
Blume, who
considers that by
censoring the
publication of the so
called dissenting
literature, we are
depriving the young
people from
attaining a
comprehensive
understanding of the
real world and its
working.
Academic
Developm
ent
Blume, Judy,
“Places I
Never Meant
All of which brings
me to the question
What is censorship?
Judy Blume through
this article hints at
the negative effects
Freedom
of Speech
and
27
to Be: Original
Stories by
Censored
Writers.”
When I actually
looked up the word I
found this definition:
"[The] official
restriction of any
expression believed to
threaten the political,
social, or moral
order." My thesaurus
lists the following
words that can be
used in place of ban
(as in book banning):
Forbid. Prohibit.
Restrict. But what do
these words mean to
the stories they choose
to tell? And what do
they mean to the
books they choose to
read?
of book banning and
ends her statement
with a question to
leave the topic open
to discussion.
Expressio
n
24 Blume, Judy,
“Places I
Never Meant
to Be: Original
Stories by
Censored
Writers.”
So now we had
individual parents
running into schools,
waving books,
demanding their
removal; books they
hadn't read except for
certain passages. Most
often their objections
Several books which
come into question
because of their
content aren’t even
read, and the entire
situation is blown
out of proportion by
word of mouth.
Social
Issues:
Obscenity
and
Vulgarity
Misinterpr
etation
28
had to do with
language, sexuality,
and something called
"lack of moral tone."
25 Jenkins,
Iredell, “ The
Legal Basis of
Literary
Censorship”,
Virginia Law
Review, Vol.
31, No. 1
(Dec., 1944),
pp. 83-118.
Should the citizen be
protected in his
individual freedom of
choice and action, or
should society be
protected against the
possibly vicious
influences resulting
from the exercise of
this freedom?
This question was
raised in a court of
law in a case of
censorship of a book
on grounds of
obscenity. The court
answered it in
favour of the greater
interest of the
society and held that
the public moral
should be upheld.
Social
Issues:
Obscenity
and
Vulgarity
26 Jenkins,
Iredell, “ The
Legal Basis of
Literary
Censorship”,
Virginia Law
Review, Vol.
31, No. 1
(Dec., 1944),
pp. 83-118.
The attitudes of men
can move backward as
well as forward; the
attainment of a high
level in some phase of
social conduct does
not guarantee that it
will be maintained. A
social advance, to be
made permanent, must
be embodied in some
in-stitution. And we
should take advantage
of our present temper
The author talks
about the need of the
codification of laws
in this regard so that
the law may provide
a standard of
judgment. This is
the appropriate time
to codify
considering the
more significant
level of tolerance
than that of past.
Legal
Aspect
29
of artistic tolerance to
objectify it in sound
laws that will assure
its preservation
27 Banning
Books,
http://www.in
diacurrents.co
m/articles/201
1/06/02/banni
ng-books,
Indeed, a large portion
of our intellectual
heritage comes from
books, art, movies,
artifacts, and word-of-
mouth stories and
anecdotes. They
provide shades to our
concepts, outlines to
our ideas, and color to
our thoughts. Yet,
countries, states and
governments exercise
censorship, some
more violently than
others.
This article is a
precise study on the
history of censorship
but do give a
historical
background of
censorship of books.
This article is
helpful in analyzing
the justifications
been given for
banning the books as
it gives various
instances of book
banning and so on.
Legal
Issues
28 Banning
Books,
http://www.in
diacurrents.co
m/articles/201
1/06/02/banni
ng-books,
In the United States,
Sept 24 to Oct 1,
2011, has been
designated the Banned
Books Week. This
yearly event
celebrates the freedom
to read and, during
this commemorative
period, libraries and
The celebration of
Banned book week
is an important
symbol of the
increasing tolerance
of the modern world
towards dissenting
literature.
Academic
Developm
ent
30
book stores put
together a display of
books that have been
“challenged”.
29 Banning
Books,
http://www.in
diacurrents.co
m/articles/201
1/06/02/banni
ng-books,
Since the British era,
several Indian writers
have faced the wrath
of authority. The great
Hindi writer and
social thinker,
Premchand, came
under literary scrutiny
in 1910, when the
British government
banned his collection
of short stories, Soz-e-
Watan, claiming it
was seditious in
content. The book
consisted of five
stories that sought to
inspire patriotism and
political freedom.
During the British
rule, Sedition was
the most dominantly
used justification for
banning the books or
works of literature,
which aroused
nationalistic feelings
among the people of
India. Again, the
justification itself is
not justifiable but
only serves political
interests.
Political
Issues
30 Guha,
Ramchandra,
“Ban The
Ban- The
republic of
India bans
books with the
Lower courts and
even some high courts
have been
accomplices in this
process of the stifling
of free speech. So too
have been politicians
The author is of the
view that lower
judiciary is also
following the same
trend by not being
liberal in its outlook.
Though the higher
Legal
Issues
31
depressing
frequency”, in
Politics and
Play
of all parties and
governments. Indian
democrats may take
solace in the few
exceptions: these
being the institution of
the Supreme Court,
and those public-
spirited public figures,
Rajmohan and
Gopalkrishna Gandhi.
judiciary is liberal
while considering
the issue of book
banning.
31 Guha,
Ramchandra,
“Ban The
Ban- The
republic of
India bans
books with the
depressing
frequency”, in
Politics and
Play
Lower courts and
even some high courts
have been
accomplices in this
process of the stifling
of free speech. So too
have been politicians
of all parties and
governments. Indian
democrats may take
solace in the few
exceptions: these
being the institution of
the Supreme Court,
and those public-
spirited public figures,
Rajmohan and
Gopalkrishna Gandhi.
The author says that
some politicians
may not support
Freedom of Speech
and Expression and
may be in favour of
banning books, but
seek solace behind a
few decisions of the
Supreme Court
rejecting book
banning to disguise
their stand.
Political
Issues
32
32 Guha,
Ramchandra,
“Ban The
Ban- The
republic of
India bans
books with the
depressing
frequency”, in
Politics and
Play
A marked feature of
advocates of book-
banning is a
reluctance to join in
reasoned refutation.
Until and unless the
individuals of the
society are not ready
to do a reasoned
debate on the issue
of book banning, the
judiciary would be
incapable of clearly
outlining its stand in
the society.
Legal
Aspect
33 Guha,
Ramchandra,
“Ban The
Ban- The
republic of
India bans
books with the
depressing
frequency”, in
POLITICS
AND PLAY.
Advocates of book-
banning have no
patience with the legal
route. They prefer,
instead, to whip up
mass frenzy and take
the law into their own
hands.
Having studied the
cases like Laine’s
book being banned
after series of
protests, it is evident
that supporters of
book banning do not
want to follow the
established process
of law.
Legal
Aspect
34 Book-
Banning: A
Form of Book-
Burning
Author(s): A.
G. Noorani,
Economic and
Political
Weekly, Vol.
It is preposterous and
presumptuous to
identify iving persons
or per- sons in recent
politics with the great
and historic figures of
religion. Several
writings have been
published recently
The author makes
this statement with
regard to banning of
Mihir Bose’s book
“The Agha Khans”
which deals with
both the personal
lives of the Aga
Khans and with their
Religious
Issues:
Mockery
of Revered
Figure
Freedom
of
Expressio
n
33
20, No. 14
(Apr. 6, 1985),
p. 572
http://www.jst
or.org/stable/4
374241
about several religious
personalities
popularly dubbed as
"god man". One
weekly ran a series
about them.
public conduct,
especially the
politics of the
present Agha Khan's
predecessor and his
support to the
British ruler. He
feels that the
government should
not have the power
to stop the masses
from learning the
details.
35 The American
Library
Association
Definition of
‘Challenged
Books’
‘Challenge’ is an
attempt to remove or
restrict books based
on the contentions of
certain people or
groups. Banning is the
removal of those
materials. Challenges
do not simply involve
a person expressing a
point of view, rather
they are an attempt to
remove materials
from circulation
thereby restricting the
access of others.
The American
Library Association
clarifies the steps in
the process of
banning a book.
First, the text is
challenged by a
group of people who
protest against it,
then the machinery
of the state is used to
ban the book. It is a
process influenced
mostly by social
factors.
Social
Issues
34
36 The Banning
Of "E For
Ecstasy" By
Nicholas
Saunders,
http://www.12
3HelpMe.com
/view.asp?id=
88703
As I read this book, at
first I felt a temptation
to try ecstasy due to
the positive way in
which the drug was
described. After
reading further into
the text, however,
much more detailed
information about the
drug is brought
forth. In my opinion,
the ban should be
lifted because
provides all kinds of
interesting
information and
education including
negative data about
the drug.
If information about
drugs is kept in the
dark, people will be
tempted to seek
information in
potentially harmful
ways.
E for Ecstasy is a
book depicting the
information about
drugs. The
Australian
government banned
this book as it found
that the book
promotes drug
ecstasy. The banning
in this case is
susceptible to
interpretation by
different persons. As
this article argues
that if a person
doesn’t know about
the ill-effects of
drugs then it is more
probable that he
would try the drugs.
Spreading
Awareness
The Satanic Verses: Salman Rushdie
37 Hussain,
Amir,
The Satanic Verses
reviles and defames
This observation
was made by
Religious
Issues:
35
Misunderstand
ings and Hurt:
How
Canadians
Joined
Worldwide
Muslim
Reactions to
Salman
Rushdie's
"The Satanic
Verses"
Journal of the
American
Academy of
Religion, Vol.
70, No. 1
(Mar., 2002),
pp. 1-32
the Prophet of Islam,
the wives of the
Prophet and his
leading Companions.
The book also
contains
contemptuous
passages concerning
the Holy Qur'an and
some of the cardinal
values and principles
of the Islamic faith.
Mohammad Hashim
Kamali, a professor
of law at the In-
ternational Islamic
University in
Malaysia. It
provides a succinct
explanation of why
The Satanic Verses
offended the
sensibilities of
Muslims all over the
world.
Offending
Sensibiliti
es
38 The Satanic
Verses,
Salman
Rushdie
"Mahound" was the
name given to the
fictional prophet in
the book, who is seen
as a representation or
comparison to the
Prophet Muhammad
The term Mahound
was used by
Europeans to refer
derogatorily to the
Prophet. Salman
Rushdie was himself
born a Muslim and
the usage of this
word portrays him
as a non-
Religious
Issues:
Offending
Sensibiliti
es
36
fundamentalist and
his views were
deemed as
‘Islamophobic’.
39 The Satanic
Verses,
Salman
Rushdie
The Holy City of
Mecca is refered to as
'Jahilia'
This refers to a time
of ignorance and
darkness in pre-
Islamic Arabia. This
was seen as an insult
to the Holiest City
of Islam, which
houses its holiest
site, the Kaa’ba.
Religious
Issues:
Offending
Sensibiliti
es
40 The Satanic
Verses,
Salman
Rushdie
Gibreel, Saladin and
Ayesha as names of
characters
The characters were
named after
important
individuals from the
history of Islam,
often portraying
them in an
unflattering light.
Religious
Issues:
Offending
Sensibiliti
es
41 The Satanic
Verses,
Salman
Rushdie
Gibreel, Saladin and
Ayesha as names of
characters
The characters were
named after
important
individuals from the
history of Islam,
often portraying
them in an
unflattering light.
Religious
Issues:
Mockery
of a
Revered
Figure
42 The Satanic
Verses,
Gibreel Gibreel, in Islamic
tradition, is the
Religious
Issues:
37
Salman
Rushdie
Archangel who
reveals the Quran as
the Word of Allah to
Muhammad. In the
book, Gibreel is the
name of an Indian
film star, who
develops psychotic-
schizophrenic
tendencies. The
character
experiences a
number of
hallucination like
episodes concerning
Allah and Islamic
theological symbols.
Blasphem
y
43 The Satanic
Verses,
Salman
Rushdie
Saladin Saladin was the
name of the famous
Muslim hero of the
Crusades, seen by
Muslim historians as
the champion of
Islam against hordes
of invading infidels.
A formidable leader
and general, Saladin
led his fierce
warriors in battle
against the
Europeans in the
Religious
Issues:
Mockery
of a
Revered
Figure
38
Holy Land. In the
book, a character
who goes on to be
characterized as the
Devil is named
Saladin, seen as an
insult to an Islamic
hero.
44 The Satanic
Verses,
Salman
Rushdie
Ayesha Ayesha was the
name of the wife of
the Prophet
Muhammad, in
many accounts his
favourite wife. She
was a woman of
extreme piety and
devotion, and was
respected
enormously as the
ideal Muslim
woman. In the book,
Ayesha is the name
given to an Indian
village girl who
assumes the role of a
messiah to her
village people and
ultimately leads
them to their doom
in the sea. This can
again be interpreted
Religious
Issues:
Mockery
of a
Revered
Figure
39
as the author's
negative views
about Islam as a way
of life – following it
blindly might lead
people into the
metaphorical sea.
45 The Satanic
Verses,
Salman
Rushdie
The prostitutes in
Jahilia are named after
the Prophet's wives
Women seen as
pious and married to
the most revered
man in Islam
compared to or
equated with
prostitutes was
insulting and
enraged many.
suggests that the
customers of the
prostitutes get
additional sexual
excite- ment out of
pretending to make
love to the prophet's
wiv
Religious
Issues:
Offending
Sensibiliti
es
The Satanic
Verses,
Salman
Rushdie
The portrayal of Allah
as "not abstract in the
least. He saw, sitting
on the bed, a man of
about the same age as
himself", balding,
wearing glasses and
It is forbidden in
Islam to portray
even human beings
and animals in art,
and thus a
description of Allah
Himself is
Religious
Issues:
Blasphem
y
40
"seeming to suffer
from dandruff"
unthinkable
46 Statement
made by the
Ayatollah on
Iranian Radio,
14th Feb 1989
"I am informing all
brave Muslims of the
world that the author
of The Satanic Verses,
a text written, edited,
and published against
Islam, the Prophet of
Islam, and the Qur'an,
along with all the
editors and publishers
aware of its contents,
are condemned to
death"
The Ayatollah here
is establishing that
every single person
associated with
making the
blasphemous book
available, including
the editors and
publishers, were to
be sentenced to
death.
Religious
Issues:
Fundamen
talism and
Expremis
m
47 The
Ayatollah's
response to
Rushdie's
apology
"Even if Salman
Rushdie repents and
become the most
pious man of all time,
it is incumbent on
every Muslim to
employ everything he
has got, his life and
wealth, to send him to
Hell."
This, again, shows
the hardline views of
the Iranian
Ayatollah as the
representative of the
Muslim Orthodoxy.
This was perhaps the
first time in the
modern world that
one individual was
made a target for an
entire community
for a work of art or
literature.
Religious
Issues:
Fundamen
talism and
Extremism
41
48 The Satanic
Verses
(Poem), Tony
Harrison
I shall not cease from
mental strife
nor shall my pen sleep
in my hand
till Rushdie has a right
to life
and books aren't
burned or banned
The author here
defends Rushdie's
right to life. It is
important to note,
however, that
underlying this right
to life is also the
right to free speech
and expression.
Freedom
of Speech
and
Expressio
n
49 Hussain,
Amir,
Misunderstand
ings and Hurt:
How
Canadians
Joined
Worldwide
Muslim
Reactions to
Salman
Rushdie's
"The Satanic
Verses"
Journal of the
American
Academy of
Religion, Vol.
70, No. 1
(Mar., 2002),
pp. 1-32
The book was banned
from India by the
government of Prime
Minister Rajiv Gandhi
at the urging of
several Indian Muslim
politicians like Syed
Shahabuddin … His
call for a ban was to
assert his own power
as a political
representative of the
Muslim minority in
India. Shahabuddin
was a member of the
Janata Party, in
opposition to Rajiv
Gandhi's Congress
Party, and a general
election was
scheduled for later
that year. Gandhi
This paragraph
clearly depicts how
the situation in the
political arena
influences banning
of books. ,
Shahabuddin was
not objecting to the
words that Rushdie
had written, for he
had not read them.
Instead, his call for a
ban was to assert his
own power as a
political represen-
tative of the Muslim
minority in India.
The book was
eventually banned in
India to further
Rajiv Gandhi’s own
political interests.
Political
Issues
42
allowed the book to
be banned in an
attempt to win the
Muslim vote.
50 "THE
SATANIC
VERSES"
AND
DEMOCRATI
C
FREEDOMS
Edward W.
Said, The
Black Scholar,
Vol. 20, No. 2,
BLACK
CULTURE
(MARCH/AP
RIL 1989), pp.
17-18
Satanic Verses is an
astonishing and
prodigiously inventive
work of fiction. Yet it
is, like its author, in
history, the world, the
crowd and the storm.
It is, in all sorts of
ways, a deliberately
transgressive work. It
par- allels and mimics
the central Islamic
narratives with bold,
nose-thumbing, post-
modern daring. In so
doing, it demonstrates
another side of its
author's unbroken
engagement with the
politics and history of
the contempo- rary
scene.
In this excerpt,
Edward W. Said
appreciates Salman
Rushdie’s work and
says that it is in tune
with the political
and cultural scenario
existing at that point
of time.
Political
Issues
51 "THE
SATANIC
VERSES"
AND
DEMOCRATI
What shocks Moslems
is Satanic Verses'
knowing intimacy
with the religious and
cultural material with
The author provides
the gist of what the
Muslims objected to.
The religious and
cultural setting was
Religious
Issues:
Blasphem
y
43
C
FREEDOMS
Edward W.
Said
The Black
Scholar, Vol.
20, No. 2,
BLACK
CULTURE
(MARCH/AP
RIL 1989), pp.
17-18
which it so comically
and resourcefully
plays. There is also
the further shock of
seeing Islam
portrayed irreverently
and - although as a
secularist I have
difficulty in using this
word - blasphemously
by a Moslem who
writes both in and for
the West. The cultural
context is horrifically
and even ludicrously
inhospitable.
considered
‘blasphemous’.
52 The Satanic
Verses or a
Satanic
Novel? Moral
Dilemmas of
the Rushdie
Affair
Ali A. Mazrui
Alternatives:
Global, Local,
Political, Vol.
15, No. 1
(Winter 1990),
pp. 97-121
Salman Rushdie has
been perceived by
many Muslims as
being guilty of
cultural treason for
writing The Satanic
Verses. They consider
that Rushdie has not
merely rejected or
disagreed with Islam:
almost unanimously
Muslims who have
read the book have
concluded that
Rushdie has abused
Islamic
fundamentalists
considered Salman
Rushdie as being
‘Islamophobic’ and
labelled him as a
traitor to their
religion, who was
being bribed by
‘enemies’ of Islam.
Religious
Issues:
Demands
of Sepcific
Dominant
Religious
Groups
44
Islam. They were
further outraged by
the fact that he had
been lionised, praised,
and lavishly rewarded
and financed by
enemies and critics of
Islam.
53 The Satanic
Verses or a
Satanic
Novel? Moral
Dilemmas of
the Rushdie
Affair
Ali A. Mazrui
Alternatives:
Global, Local,
Political, Vol.
15, No. 1
(Winter 1990),
pp. 97-121
In the eyes of
Muslims, Salman
Rushdie's blasphemy
does not lie in his
saying that the Koran
is the work of
Muhammad, but in his
suggestion that it is
the work of the Devil.
By using the term
'Satanic Verses' he
refers to more than an
alleged incident in the
history of Islamic
revelation. Rushdie
suggests that
Muhammad is
incapable of dis-
tinguishing between
inspiration from an
angel and inspiration
from a devil.
The Term
‘Manhound’ which
was used by Rushdie
for Prophet
Mohammed was the
subject for several
debates which fed
into the
‘Islamophobic’
notion which
Islamic
fundamentalists had
created for him
(Rushdie).
Religious
Issues:
Blasphem
y
54 The Satanic In the eyes of The Term Religious
45
Verses or a
Satanic
Novel? Moral
Dilemmas of
the Rushdie
Affair
Ali A. Mazrui
Alternatives:
Global, Local,
Political, Vol.
15, No. 1
(Winter 1990),
pp. 97-121
Muslims, Salman
Rushdie's blasphemy
does not lie in his
saying that the Koran
is the work of
Muhammad, but in his
suggestion that it is
the work of the Devil.
By using the term
'Satanic Verses' he
refers to more than an
alleged incident in the
history of Islamic
revelation. Rushdie
suggests that
Muhammad is
incapable of dis-
tinguishing between
inspiration from an
angel and inspiration
from a devil.
‘Manhound’ which
was used by Rushdie
for Prophet
Mohammed was the
subject for several
debates which fed
into the
‘Islamophobic’
notion which
Islamic
fundamentalists had
created for him
(Rushdie).
Issues:
Mockery
of a
Revered
Figure
55 The Satanic
Verses or a
Satanic
Novel? Moral
Dilemmas of
the Rushdie
Affair
Ali A. Mazrui
Alternatives:
Another example of
the clash of cultures at
the centre of the
Rushdie debate is the
question of
comparative
defamation. Salman
Rushdie's novel raises
the question of
whether he has
A prominent debate
centred around
whether Rushdie
had attempted to
insult all Muslims
and Islam as a
religion, or Prophet
Mohammed as the
founder of Islam.
Religious
Issues:
Offending
Sensibiliti
es
46
Global, Local,
Political, Vol.
15, No. 1
(Winter 1990),
pp. 97-121
libelled whole classes
of Muslims, ranging
from Shiite believers
(as symbolised by
Rushdie's character
'the Imam') to the
wives of the Prophet
Muhammad.
56 The Satanic
Verses or a
Satanic
Novel? Moral
Dilemmas of
the Rushdie
Affair
Ali A. Mazrui
Alternatives:
Global, Local,
Political, Vol.
15, No. 1
(Winter 1990),
pp. 97-121
But Salman Rushdie
and his publishers had
been warned about the
explosive nature of
The Satanic Verses by
Indian advisors before
the book was
published…Even
without being
published in India,
The Satanic Verses
has al- ready killed
more than a dozen
people there. It has
also caused deaths in
Pakistan. Had it
actually been
published in India,
casualty numbers
would have increased
tenfold.
Sometimes, wirters
are warned about the
negative social
impact their work
could have on their
audience. Most
authors choose to
disregard this and go
ahead with the
project anyway.
Social
Issues:
Morality
57 The Satanic
Verses or a
At the centre of the
debate about The
The author points
out that writers
Academic
Developm
47
Satanic
Novel? Moral
Dilemmas of
the Rushdie
Affair
Ali A. Mazrui
Alternatives:
Global, Local,
Political, Vol.
15, No. 1
(Winter 1990),
pp. 97-121
Satanic Verses are
two cultural forces
which have helped to
create the 'global
village': language and
religion. The
emergence of world
languages has
certainly created new
opportunities for
writers writing in
those tongues. When
the authors are
successful the
potential returns are
immense. The
question which arises
is whether authors
writing in world
languages also have
very special
responsibilities.
should exercise
certain responsibility
while writing their
books. At the same
time, his tone
condemns the
practice of banning
books.
ent
Shivaji-Hindu King in Islamic India: Prof. James Laine
58 Banning
History
Economic and
Political
Weekly, Vol.
39, No. 3 (Jan.
17-23, 2004),
Laine's book Shivaji:
A Hindu King in
Islamic India was
released last June. In
his preface, Laine
thanked several
Sanskrit scholars
affiliated with the
One issue Laine
explores is the fact
that Shivaji's parents
did not live together
for much of his life;
that his father
moved south and
had another family;
Social
Issues
48
pp. 212-213
institute for their
assistance. In
November an un-
named group of
historians protested
over references in the
book to the question
of Shivaji's parentage.
That same month, the
book's publishers
withdrew the book.
that there could have
been 'father
substitutes' in
Shivaji's life. This
did not fare well
with ardent
followers of Shivaji
in Maharashtra.
59 Banning
History
Economic and
Political
Weekly, Vol.
39, No. 3 (Jan.
17-23, 2004),
pp. 212-213
The so-called
upholders of the
Shivaji legacy via
their vandalism are
seeking to claim all
rights to interpret and
portray his history.
The attack was a
means of mobilising
political support.
In this excerpt, the
author examines the
political isuue
behind banning of
the book. Miscreants
belonging to the
Sambhaji Brigade,
inflicted damages to
Pune's well known
Bhandarkar Oriental
Research Institute
for allowing James
Laine access to its
collection of
1,50,000 books and
80,000 rare
manuscripts. Shiv
Sena supporters also
humiliated historian
Shrikant Bahulkar, a
Political
Issues
49
member of the
Bhandarkar
Institute's governing
council whose help
has been acknow-
ledged in the book.
60 Banning
History
Economic and
Political
Weekly, Vol.
39, No. 3 (Jan.
17-23, 2004),
pp. 212-213
The so-called
upholders of the
Shivaji legacy via
their vandalism are
seeking to claim all
rights to interpret and
portray his history.
The attack was a
means of mobilising
political support.
In this excerpt, the
author examines the
external influence
behind banning of
the book. Miscreants
belonging to the
Sambhaji Brigade,
inflicted damages to
Pune's well known
Bhandarkar Oriental
Research Institute
now estimated at
over Rs 1 crore, for
allowing James
Laine access to its
collection of
1,50,000 books and
80,000 rare
manuscripts. Shiv
Sena supporters also
humiliated historian
Shrikant Bahulkar, a
member of the
Bhandarkar
Institute's governing
Social
Issues:
External
Influence
50
council whose help
has been acknow-
ledged in the book.
61 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
Laine’s suggestion
was that myth, rather
than historical facts,
might have played a
more important role in
the making of the
image of the valorous
Hindu king who
successfully resisted
Mughal rulers. This
was seen as a
conspiracy to
demystify the ruler
whom the Hindu
fundamentalists have
foregrounded as the
icon of Hindu
resistance to Muslim
rule. Mob outrage was
not confined to
demands for
suppression of Laine’s
book…The
government was
forced to ban Laine’s
work on Shivaji.
The author here
mentions that the
book was interpreted
in a Hindu
Fundamentalist
light, and this
caused mass
outrage.
Religious
Issues:
Fundamen
talism and
Extremism
62 Chandran, Laine’s suggestion Eventually, the mob Social
51
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
was that myth, rather
than historical facts,
might have played a
more important role in
the making of the
image of the valorous
Hindu king who
successfully resisted
Mughal rulers. This
was seen as a
conspiracy to
demystify the ruler
whom the Hindu
fundamentalists have
foregrounded as the
icon of Hindu
resistance to Muslim
rule. Mob outrage was
not confined to
demands for
suppression of Laine’s
book…The
government was
forced to ban Laine’s
work on Shivaji.
forced the
government to place
a ban on the book.
Issues:
External
Influence
63 Politics of
Shivaji: The
James Laine
Affair,
Vidyadhar
Shivaji is very crucial
to the interests of a
certain class of
politicians in
Maharashtra.
The author refers to
the fact that the
myth of Shivaji,
fired as it has the
popular imagination,
Political
Issues
52
Economic and
Political
Weekly, Vol.
42, No. 20
(May 19-25,
2007), pp.
1812-1814,
http://www.jst
or.org/stable/4
419597
Especially important
is the image of an
invincible Shivaji.
That is why there was
such uproar in the
state in response to
James Laine's book,
Shivaji: Hindu King
in Islamic India.
has been exploited
for political
purposes all along.
The issue was fully
exploited by the
Shiv Sena, the
Bhartiya Janata
Party and the
Nationalist Congress
Party, in the run-up
to the general
elections in 2004.
64 Politics of
Shivaji: The
James Laine
Affair,
Vidyadhar
Economic and
Political
Weekly, Vol.
42, No. 20
(May 19-25,
2007), pp.
1812-1814,
http://www.jst
or.org/stable/4
419597
Bal Thackeray knows
how to exploit history.
He entered
Mantralaya amidst the
blowing of trumpets
on the anniversary of
Shivaji's coronation
soon after the Shiv
Sena-BJP won power
in Maharashtra in
1995. The coalition
rule was loudly
proclaimed as Shiva
Shahi, in the style of
Shivaji, though in
effect it left a legacy
of a huge debt for the
state. On May 1 the
Shiv Sena daily
The author points
out that political
parties often leave
out crucial issues,
and focus their
activities on areas
where they can
muster support and
gather votes. The
excerpt sheds light
on the irony,
because the ban on
Shivaji: Hindu King
in Islamic India
would have no effect
whatsoever on the
conditions of the
working class.
Political
Issues
53
mouthpiece Saamna,
in a three-column
headline on page one
proclaimed Oxford's
surrender to Shiv
Sena, while alongside
Bal Thackeray
expressed a pious
hope of better days for
the working class.
65 Politics of
Shivaji: The
James Laine
Affair,
Vidyadhar
Economic and
Political
Weekly, Vol.
42, No. 20
(May 19-25,
2007), pp.
1812-1814,
http://www.jst
or.org/stable/4
419597
In the Laine
controversy, the
police in Pune did not
even have a copy of
the offending book
when they registered
an FIR (first
information report)
against James Laine.
Soli Sorabjee, the
noted lawyer, argued
that the police had not
read even the one
crucial para- graph on
which the
government's case
rested.
The author sheds
light on the acute
political
involvement in
influencing the
police and other
authorities, which
are generally
deemed to be free of
such influence.
Political
Issues
66 Politics of
Shivaji: The
James Laine
Affair,
Maratha politicians
have exploited the
Shivaji myth since
independence but
There is sufficient
evidence of the
political exploitation
of the story of
Social
Issues:
Perpetuati
ng Social
54
Vidyadhar
Economic and
Political
Weekly, Vol.
42, No. 20
(May 19-25,
2007), pp.
1812-1814,
http://www.jst
or.org/stable/4
419597
brahmins have
substantially built up
the cult since much
earlier, portraying him
as 'Go Brahman
Pratipalak' (defender
of cows and
brahmins). It was
because of Lokmanya
Tilak's launching of
the Ganapati and
Shivaji festivals
towards the end of the
19th century and his
other activities that
author Valentine
Chirol labelled him
the father of Indian
unrest.
Shivaji, but the
Brahmans also had a
role to play,
perpetuating and
glorifying the myth
which further
propagated social
inequalities.
Inequalitie
s
67 Politics of
Shivaji: The
James Laine
Affair,
Vidyadhar
Economic and
Political
Weekly, Vol.
42, No. 20, pp.
1812-1814,
http://www.jst
or.org/stable/4
Inconvenient history
is always sidetracked.
The exploitation of
the worker in Indian
history under a dual
burden of caste and
class can’t long
remain buried under
vain- glorious praise
of Indian culture and
philosophy.
The author
emphasises that in
India, a more
realistic
interpretation of
history is needed.
Academic
Developm
ent
55
419597
68 The Laine
Controversy
and the Study
of Hinduism
Christian Lee
Novetzke
International
Journal of
Hindu Studies,
Vol. 8, No. 1/3
(Jan., 2004),
pp. 183-201
http://www.jst
or.org/stable/2
0106888
The scholars and
politician pointed to a
passage in Laine's
book where he cites
an oral "joke" that
Shivaji’s biological
father was his tutor.
Laine never questions
the veracity of
Shivaji’s parentage.
Yet, this was
adjudged by the group
of five historians to be
sufficient evidence of
bad historiography
that was unnecessarily
defamatory towards
Shivaji and Jijabai.
Oxford withdrew the
book on November 22
from the Indian
market.
The author
emphasises that
Laine never
intended to defame
or mock Shivaji but
merely mentioned
the passage as an
anecdote. It was
misinterpreted and
blown out of
proportion, which
was eventually used
by politicians to
their advantage.
Social
Issues
Misinterpr
etation
69 The Laine
Controversy
and the Study
of Hinduism,
Christian Lee
Novetzke
International
Journal of
In the Indian media, in
both Marathi and
English, the problem
was analyzed on many
levels, from anti-
Brahminism to
political wrangling to
fascist censorship, all
The author has
analysed the
situation from a
neutral standpoint,
and observed that
the issue was mostly
being perpetuated by
the Shiv Sena and
Political
Issues
56
Hindu Studies,
Vol. 8, No. 1/3
(Jan., 2004),
pp. 183-201
cast in the light of the
upcoming elections in
the spring of 2004 in
India.
the Sambhaji
Brigade.
70 The Laine
Controversy
and the Study
of Hinduism
Christian Lee
Novetzke,
International
Journal of
Hindu Studies,
Vol. 8, No. 1/3
(Jan., 2004),
pp. 183-201
http://www.jst
or.org/stable/2
0106888
Several Euro-
American scholars
and journalists
attributed the violence
and censorship to the
"Hindu Right" or to
the defense of
Hinduism. This may
have happened
because Laine's book
is so explicitly pitched
as an antidote to the
discourse of religious
communal difference
in historiography or
because of the
violence against
Muslims in Bombay
and Gujarat with
which the Hindu
Right has been
associated in the last
decade.
Some Hindu
fundamentalist
political group
depended on the
image of Hinduism
being a superior
religion to further
their own interests.
Social
Issues:
Communa
lism
71 The Laine
Controversy
and the Study
of Hinduism
Laine made plain in
the text that his
audience is made up
of "those who study
This was the very
image some Hindu
fanatics and parties
like the Shiv Sena,
Religious
Issues:
Fundamen
talism and
57
Christian Lee
Novetzke,
International
Journal of
Hindu Studies,
Vol. 8, No. 1/3
(Jan., 2004),
pp. 183-201
http://www.jst
or.org/stable/2
0106888
religion and religious
identity" and who
seek a "thicker
description of South
Asian Islam" and a
"richer portrait of
medieval Hinduism".
He hoped to "rescue"
Shivaji’s biography
"from the grasp of
those who see India as
a Hindu nation at war
with its Muslim
neighbours".
which had been
targeting Muslims
specifically in the
last three decades,
depended on for
furthering their own
selfish interests.
Extremism
72 Politics of
Shivaji: The
James Laine
Affair,
Vidyadhar
Economic and
Political
Weekly, Vol.
42, No. 20
(May 19-25,
2007), pp.
1812-1814,
http://www.jst
or.org/stable/4
419597
It is worth
remembering that this
is the first time that a
centre for learning
widely regarded for its
classical scholarship
and valuable archives
has been so targeted.
It is ironic that
‘followers’ of
Sambhaji, a great
Sanskrit scholar,
should in the process
of ‘upholding’ the
dignity of their icon,
desecrate a painting of
Saraswati, loot and
In this article, the
author has raised a
question on the dual
face of the then
government and
criticized the violent
acts of the Sambhaji
brigade and the
subsequent banning
of the book..
Social
Issues:
External
Influence
58
destroy rare
manuscripts and even
deface texts on
Shivaji.
73 Politics of a
Ban,
http://www.hi
ndu.com/fline/
fl2303/stories/
200602240026
09300.htm
The ban was enforced
after Udhayanraje
Bhonsle, the 13th
descendent of Shivaji
and a former
Bharatiya Janata Party
legislator, filed a case
in the Satara court
against Laine for an
allegedly offensive
remark.
This article in an
explicit manner
explains the political
game behind the
violent agitations
against James
Laines’s book on
Shivaji and the
political agenda
behind banning this
book. This article
also confronts a
question “Is book
banning a political
tool to garner
advantage by
arousing religious
sentiments among
the people?
Political
Issues
74 Politics of a
Ban,
http://www.hi
ndu.com/fline/
fl2303/stories/
200602240026
09300.htm
It is believed that
Bhonsle, who
considers himself to
be the original
protector of Shivaji's
legend by virtue of his
lineage, is going
The instance of
banning the book of
Laine was a pure
political drama in
order to uplift the
image of a
politically defeated
Political
Issues
59
through a political
slump. He lost the last
Assembly elections to
a cousin and got a bad
image after he was
arrested in connection
with the murder of an
NCP activist in 1999.
person.
75 Politics of a
Ban,
http://www.hi
ndu.com/fline/
fl2303/stories/
200602240026
09300.htm
At least the previous
time elections were
around the corner and
in an issueless
election this
controversy was
useful. Of course, the
government has a
responsibility to
ensure peace and
prevent a law and
order situation, he
says. But to ban a
book is an extreme
step and they have to
use this authority
carefully. In this case
they have not used
their discretion well,
Palshikar adds.
The coincidence of
mass mobilization
against Laine’s book
and the election in
the near future was a
situation of utter
benefit for the
politicians. In that
state the government
had a duty to
maintain peace and
order but it failed to
do so.
Political
Issues
76 Notification
issued by the
And Whereas, the said
author has in his said
The notification
issued by the
Social
Issues
60
Government
of
Maharashtra
dated 20th
December,
2006.
Book, made several
derogatory references
specified in the
Schedule appended
hereto regarding Shri
Chhatrapati Shivaji
Maharaj, in particular
about his parentage
and the Bhosale
family to which he
belonged; And
Whereas, publication
of the said Book
containing the said
derogatory references
is prejudicial to the
maintenance of
harmony between
different groups and
has disturbed the
public tranquillity;
And Whereas, the
publication and
circulation of the said
Book, has not only
already resulted in
causing enmity
between the persons
who revere Shivaji
and other persons who
may not so revere; but
Government of
Maharashtra stated
that the book should
be banned as it
could ‘potentially’
hurt the sentiments
of different social
and cultural groups
and ‘promote
enmity’ between
them.
61
is likely to
continuously cause
such enmity.
77 Supreme
Court
Judgement,
State of
Maharashtra
and Ors. vs.
Sangharaj
Damodar
Rupawate and
Ors.
(09.07.2010 -
SC)
In view of the said
development, with the
leave of the Court, the
petition was amended
and challenge to
notification dated 20th
December, 2006 was
laid mainly on the
grounds that: (1) there
was no material to
show that the
publication of the
book had resulted in
disturbance of public
tranquillity or
maintenance of
harmony between
various groups as set
out therein, and (2)
the publication does
not disclose any
offence under Section
153A of the IPC.
Finding substance in
both the grounds, as
stated above, by the
impugned judgment,
the High Court has
The High Court had
taken a stand
quashing the
notification of the
Maharashtra state
government. The
Hon’ble court held
that there was no
legal basis
whatsoever to justify
the forfeiture of the
printed copies of
Shivaji: Hindu King
in Islamic India.
This decision of the
High Courts was
appealed by the
State of Maharashtra
in the Supreme
Court.
Legal
Aspect
62
quashed and set aside
the notification dated
20th December, 2006.
78 Supreme
Court
Judgement,
State of
Maharashtra
and Ors. vs.
Sangharaj
Damodar
Rupawate and
Ors.
(09.07.2010 -
SC)
Prefacing his
arguments with the
historical perspective
of rivalry between
Brahmins and
Marathas, both at the
social and the political
level, Mr. Naphade
submitted that some
of the words used in
the book and culled
out in the notification
under different items
clearly try to resurrect
the social and political
tensions between
Brahmins and
Marathas and try to
drive a wedge
between the said two
communities.
Learned counsel for
the petitioner
submitted that the
provocative
statements in the
book might unearth
the historical
political rivalry
between the
Brahmins and
Marathas and lead to
disturbance of peace
and tranquillity in
the society.
Political
Issues
79 Supreme
Court
Judgement,
State of
Maharashtra
and Ors. vs.
Sangharaj
Prefacing his
arguments with the
historical perspective
of rivalry between
Brahmins and
Marathas, both at the
social and the political
Learned counsel for
the petitioner
submitted that the
provocative
statements in the
book might unearth
the rivalry between
Social
Issues:
Promoting
Enmity
between
Social
Groups
63
Damodar
Rupawate and
Ors.
(09.07.2010 -
SC)
level, Mr. Naphade
submitted that some
of the words used in
the book and culled
out in the notification
under different items
clearly try to resurrect
the social and political
tensions between
Brahmins and
Marathas and try to
drive a wedge
between the said two
communities.
the Brahmins and
Marathas and lead to
disturbance of peace
and tranquillity in
the society.
80 Supreme
Court
Judgement,
State of
Maharashtra
and Ors. vs.
Sangharaj
Damodar
Rupawate and
Ors.
(09.07.2010 -
SC)
Learned Counsel also
urged that the
conditions requisite
for invoking Section
95 of the Code are not
fulfilled inasmuch as
apart from the fact
that detailed grounds
have not been
provided to the
respondents, it is
evident from the
notification that all
that has been stated
therein is that the
book contains
scurrilous and
Mr Prashant
Bhushan appearing
for the respondents
argues that the
content of the book
is meant as a tribute
and a detailed study
into the life of
Shivaji.
Misinterpr
etation
64
derogatory references
and that any further
circulation of the book
is likely to result in
The notification is
neither based on
grounds that offence
under Section 153A of
the IPC was made out
nor it has been shown
that how the
references are
derogatory or
scurrilous and above
all, even the
communities, who
were alienated from
each other or whose
religious beliefs were
hurt, have not been
named or identified.
81 Supreme
Court
Judgement,
State of
Maharashtra
and Ors. vs.
Sangharaj
Damodar
Rupawate and
Ors.
Learned Counsel also
urged that the
conditions requisite
for invoking Section
95 of the Code are not
fulfilled inasmuch as
apart from the fact
that detailed grounds
have not been
provided to the
The Government’s
notification is very
‘vague’ and does not
clarify whose
sentiments will be
hurt, and a mere
possibility of such
hurt is not enough
ground to ban the
book altogether.
Legal
Aspect
65
(09.07.2010 -
SC)
respondents, it is
evident from the
notification that all
that has been stated
therein is that the
book contains
scurrilous and
derogatory references
and that any further
circulation of the book
is likely to result in
The notification is
neither based on
grounds that offence
under Section 153A of
the IPC was made out
nor it has been shown
that how the
references are
derogatory or
scurrilous and above
all, even the
communities, who
were alienated from
each other or whose
religious beliefs were
hurt, have not been
named or identified.
82 Supreme
Court
Judgement,
Learned Counsel also
urged that the
conditions requisite
Mr Prashant
Bhushan appearing
for the respondents
Freedom
(of Speech
and
66
State of
Maharashtra
and Ors. vs.
Sangharaj
Damodar
Rupawate and
Ors.
(09.07.2010 -
SC)
for invoking Section
95 of the Code are not
fulfilled inasmuch as
apart from the fact
that detailed grounds
have not been
provided to the
respondents, it is
evident from the
notification that all
that has been stated
therein is that the
book contains
scurrilous and
derogatory references
and that any further
circulation of the book
is likely to result in
The notification is
neither based on
grounds that offence
under Section 153A of
the IPC was made out
nor it has been shown
that how the
references are
derogatory or
scurrilous and above
all, even the
communities, who
were alienated from
argues that the
content of the book
is meant as a tribute
and a detailed study
into the life of
Shivaji. The
Government’s
notification is very
‘vague’ and does not
clarify whose
sentiments will be
hurt, and a mere
possibility of such
hurt is not enough
ground to ban the
book altogether.
Expressio
n
67
each other or whose
religious beliefs were
hurt, have not been
named or identified.
83 Supreme
Court
Judgement,
State of
Maharashtra
and Ors. vs.
Sangharaj
Damodar
Rupawate and
Ors.
(09.07.2010 -
SC)
It cannot be found out
from the notification
as to which
communities got
outraged by the
publication of the
book or it had caused
hatred and animosity
between particular
communities or
groups. We feel that
the statement in the
notification to the
effect that the book is
"likely to result in
breach of peace and
public tranquillity " is
too vague a ground to
satisfy the afore-
enumerated tests.
The Hon’ble
Supreme Court,
while quashing the
Maharashtra state
Government’s
petition against the
decision of the High
Court, said that the
Government’s
notification is very
‘vague’ and does not
clarify whose
sentiments will be
hurt, and a mere
possibility of such
hurt is not enough
ground to ban the
book altogether.
Legal
Aspect
Ramayana/ Rama Retold: Aubrey Menen
84 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Communal harmony
had been the thorniest
issue in colonial India
and re- mained such
even after India’s
liberation.
Most books in India
have been banned
based on the issue of
communalism. The
prospect of
disturbance of peace
Social
Issues
(Commun
alism)
Freedom
of Speech
and
Expressio
n
68
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
and tranquillity
between social
groups is held more
scared then the
Right to Free Speech
and Expression. The
validity of this
arrangement is now
being brought into
question.
85 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
One of the first books
to be suppressed in
independent India was
Aubrey Menen’s
Ramayana, also
known as Rama
Retold in the United
Kingdom (UK), in
1956. The novel, a
secular retelling of the
Hindu epic was
banned for the offence
it might cause to the
religious feelings of
Hindus.
Aubrey Menen’s
Ramayana was one
of the first books to
be banned in India,
for the fear it may
incite violence in
new-born India by
offending religious
sentiments of
Hindus.
Religious
Issues:
Offending
Sensibiliti
es
86 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Apparently a few
upper caste Hindus
had ex- pressed
displeasure. India then
was less than 10 years
old, and had not fully
The India-Pakistan
partition has resulted
in a lot of bloodshed
for the Hindu and
Muslim
communities and it
Social
Issues
(Commun
alism)
69
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
recovered from the
trauma of the
communal riots that
marked the painful
separation from
Pakistan.
was seen fit to ban
the book to prevent
any further rift
between the two
religious groups.
87 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
Prime Minister
Jawaharlal Nehru took
immediate steps to
restrain the novel
before it went on to
cause another
communal
conflagration.
Several scholars feel
that the Indian
Government’s
decision to ban the
‘Ramayana’ was a
politically motivated
move to gather and
retain support of
both the dominant
religious groups in
India.
Political
Issues
88 Aubrey
Menen’s
statement (as
quoted by
Elias 1986:
28)
The fact was that my
book, which was the
retelling of the
Ramayana in secular
terms, had caused no
riot. What had
happened was that a
party of Brahmin
priests in Bombay had
Nehru had not read
Menen’s book
before banning it,
and it was banned
only for ‘fear of
possible communal
riots’.
Fear of
‘possible’
consequen
ces
70
decided to burn the
book. Like Nehru,
they hadn’t read it.
89 Aubrey
Menen’s
statement (as
quoted by
Elias 1986:
28)
The fact was that my
book, which was the
retelling of the
Ramayana in secular
terms, had caused no
riot. What had
happened was that a
party of Brahmin
priests in Bombay had
decided to burn the
book. Like Nehru,
they hadn’t read it.
Nehru had not read
Menen’s book
before banning it,
and it was possible
that the hue and cry
had been caused due
to misinterpretation.
Misinterpr
etation
90 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
Menen seems to be
justified in saying
this, for there is no
evidence to indicate a
public protest against
his Ramayana. The
novel remains banned
to this day, and the
text and its writer are
largely forgotten,
despite the fact that
Menen was a prolific
writer.
Till date, there is no
evidence to suggest
that there was mass
disapproval against
Menen’s book and
banning a book like
this causes insult to
the writer, his work
and calls into
question the
credibility of his
entire body of work.
Fear of
‘possible’
consequen
ces
91 Chandran,
Mini, “The
It is a secular retelling
of the scriptures and
Several religious
groups often elevate
Religious
Issues:
71
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
offers flippant and
tongue-in-cheek
evaluation of revered
religious figures.
Menen has brought
them under the
scrutiny of the non-
believer’s candid and
not very sympathetic
eyes. The result is that
divinities have been
humanised, and their
frailties and follies
have been
accentuated.
religious figures to a
pedestal, and cannot
bear to see them
insulted or seen as
vulnerable to the
same mistakes that
‘petty humans’
make.
Mockery
of Revered
Figure
92 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
It is a secular
retelling of the
scriptures and offers
flippant and tongue-
in-cheek evaluation of
revered religious
figures. Menen has
brought them under
the scrutiny of the
non-believer’s candid
and not very
sympathetic eyes. The
result is that divinities
have been humanised,
and their frailties and
follies have been
Several religious
groups often elevate
religious figures to a
pedestal. Any
attempt to humanize
them is viewed as
insulting the very
roots of the religion
itself.
Religious
Issues:
Fundamen
talism and
Extremism
72
accentuated.
93 Menen’s
Statement
justifying the
book
I wrote my book
Rama Retold because
I found to my dismay
that the west knew
absolutely nothing of
the rich literary past
of India. The
Ramayana is a
magnificent tale, and I
retold it as such. The
result was that for the
first time in western
cultural history an
Indian classic became
widely read.
Seen from this
standpoint, the west
acknowledged and
appreciated India’s
rich historical past
through Menen’s
book, which can be
but a positive thing
for Indian culture.
Spreading
awareness
94 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
Menen’s claim of
having authentically
reproduced the epic
appears to be rather
suspect as the novel’s
resemblance to the
epic is superficial.
There are major
departures from the
epic in terms of
narrative style, the
range and breadth of
philosophy and the
conception of charac-
ters.
Proponents of the
ban on Menen’s
Ramayana state that
the book hardly
resembles the epic
and depicts the
characters in an
unflattering light.
Religious
Issues:
Offending
Sensibilies
73
95 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
Rama in the epic is
the maryada
purushottam, an
incarnation of god
born on earth with the
specific purpose of
eradicating the evil
that was the ten-
headed demon king
Ravana. Menen’s
Rama, is “a prince of
India, who lived his
life according to the
best advice”, had “in-
tellectual betters who
were called Brah-
mins, and did what
they told him to do”.
Rama is mentored
intellectually by
Valmiki, the lower
caste author of the
epic. Menen’s Rama
is young, gullible,
idealistic and prone to
making stupid
mistakes in his zeal to
do the right thing.
This depiction of
Rama supports the
ctitics’ claim that
Menen has taken
uncalled-for liberties
with the epic which
lies at the very core
of Hindu religion.
Religious
Issues:
Mockery
of a
Revered
Figure
96 Chandran,
Mini, “The
Democratizati
His wife Sita is also
the incarnation of the
goddess of wealth. In
This instance has
also been targeted
by many critics. In
Religious
Issues:
Mockery
74
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
her human form, she
is the em- bodiment of
ideal wifely qualities,
like steadfastness in
devotion to her
husband. But Menen’s
Sita says: He [Ravan]
just said that he loved
me above everything
in the world and that
he would never force
me to do anything I
did not want. I was
pleased at first. Then I
was sorry for him.
Then he kissed me.
Then I wasn’t a her-
oine anymore.
Hindu religion,
wives are seen as
symbols of devotion
to their husbands,
shame and chastity,
and Sita is seen as
the epitome of an
idea wife. Menen’s
description of Sita
was offensive to this
image.
of a
Revered
Figure
97 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
His wife Sita is also
the incarnation of the
goddess of wealth. In
her human form, she
is the em- bodiment of
ideal wifely qualities,
like steadfastness in
devotion to her
husband. But Menen’s
Sita says: He [Ravan]
just said that he loved
me above everything
in the world and that
In Hindu religion,
wives are seen as
symbols of devotion
to their husbands,
shame and chastity.
Menen’s description
of Sita as such turns
this image on its
head, as she comes
across as uncouth
and brazen.
Social
Issues:
Obscenity
and
Vulgarity
75
31 he would never force
me to do anything I
did not want. I was
pleased at first. Then I
was sorry for him.
Then he kissed me.
Then I wasn’t a her-
oine anymore.
98 In his answer
to the question
whether a
democratic
country like
India should
ban a book,
Aubrey
Menen who
himself was at
the receiving
end for his
retelling of the
Ramayana,
made this
statement.
India is a difficult
country to
understand…I fully
understand why the
book was banned. I
am no reformer, only
a writer…. I recognise
certain things to
which the poor people
hang on. They are not
merely superstitious.
If that faith can give
them a little courage
why deny it?
Aubrey Menen here
says that if the book
hurt the religious
sentiments of people
and questioned their
beliefs and faith,
then its banning is
justified.
Religious
Issues:
Offending
Sensibiliti
es
99 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Menen’s systematic
demystification does
not stop with the
characters; he goes on
to methodically take
Critics feel that it is
as if Menen is
mocking all the
principles of
acceptable and
Social
Issues:
Behaviour
al Norms
76
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
apart the philosophy
on which the epic is
built.
respectable conduct
that Indian society
holds sacred.
100 Review of the
Ramayana by
Aubrey
Menon: G. L.
Anderson
New York
University
The traditional Hin-
du notions of perfect
obedience to parents,
unquestioning
acceptance of the
teachings of your
guru, renunciation of
material pleasures,
and achievement of
spiritual en-
lightenment are all
shown to be pure
hum- bug.
Critics feel that it is
as if Menen is
mocking all the
principles of
acceptable and
respectable conduct
that Indian society
holds sacred.
Social
Issues:
Obscenity
and
Vulgarity
101 Review of the
Ramayana by
Aubrey
Menon: G. L.
Anderson
New York
University
The traditional Hin-
du notions of perfect
obedience to parents,
unquestioning
acceptance of the
teachings of your
guru, renunciation of
material pleasures,
and achievement of
Critics feel that it is
as if Menen is
mocking all the
principles of
acceptable and
respectable conduct
that Indian society
holds sacred.
Social
Issues:
Behaviour
al Norms
77
spiritual en-
lightenment are all
shown to be pure
hum- bug.
102 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
2010, pp. 27-
31
Menen seems to be
identifying himself
with Valmiki (who is
seen as a fellow
writer) who prefers
the company of the
“gluttons” in the
forest who spend
more time eating than
talking: “If all
profound thinkers did
that, how tranquil the
world would be!”
Valmiki ruminates
(Menen 1954: 97).
Guru Valmiki is one
of the most
respected Gurus of
Hindu Mythology.
Menen’s attempt to
compare himself to
Valmiki and depict
him as a shallow
human being did not
fare well with
people.
Religious
Issues:
Mockery
of a
Revered
Figure
103 Chandran,
Mini, “The
Democratizati
on of
Censorship:
Books and the
Indian
Public”,
Economic and
Political
Weekly,
October 2,
Contrary to what he
professed, Menen
appears to be
undermining the
ethical and moral
concepts on which the
edifice of the Hindu
code of conduct is
built up.
It is as if Menen is
mocking all the
principles of
acceptable and
respectable conduct
that Indian society
holds sacred.
Social
Issues:
Morality
78
2010, pp. 27-
31
104 Review of the
Ramayana by
Aubrey
Menon: G. L.
Anderson
New York
University
He ends the novel
(Menen 1954: 231)
with Valmiki’s
declaration that the
only three things in
life that can be seen as
constant are “God,
human folly and
laughter”
Guru Valmiki is one
of the most
respected Gurus of
Hindu Mythology.
Menen’s attempt to
depict him as a
shallow human
being did not fare
well with religious
groups.
Religious
Issues:
Mockery
of a
Revered
Figure
105 Review of the
Ramayana by
Aubrey
Menon: G. L.
Anderson
New York
University
But his Rama is an
all-too-human hero
and is not likely to
inspire the reader to
austerity and virtue.
An enjoy- able and
intellectually
rollicking redaction,
but to the Hindu it
will have the same
relation to the original
that Robert Graves's
King Jesus has to the
gospels. Banned in
New Delhi.
Foreign critics have
termed the book as
‘enjoyable and
intellectually
rollicking redaction’
but acknowledges
that it is not
authentic.
Religious
Issues:
Mockery
of a
Revered
Figure
79
Results and Analysis
5.1. Frequency Table Based on Observation Table
Reasons in Favour of Book Banning:
Reasons in Favour of Book Banning
No. of
Observations
Political Issues 18
Social Issues
External Influence 4
Communalism 5
Obscenity and Vulgarity 5
Behaviour and Morality 4
Promoting Enmity between Social
Groups 2
Miscellaneous 5
Total 25
Religious Issues
Offending Sensibilities 10
Demand of Specific Religious Groups 2
Mockery of a Revered Figure 11
Blasphemy 4
Fundamentalism/Extremism 5
Total 32
Legal Issues 10
Historical Issues 1
Reasons against Book Banning:
Reasons Against Book Banning No. Of Observations
Democratic Principles (Freedom of Speech and Expression) 8
Spreading Awareness 2
Academic Development 4
Misinterpretation and Fear of 'Possible' Consequences 7
Legal Stand 3
80
5.2.Reasons in Favour of Book-Banning:
The following keywords emerged while studying the column for ‘Reasons in Favour of
Book-Banning’. Their interpretation has been given below as well.
1. Political Issues – Under this category, those observations have been classified, which
hints at book banning being used as a political tool by the politicians to serve their
political interests or where a political connotation has been attached to the issue of book
banning.
2. Social Issues – It is a broad category, which has been sub-categorized into:
exertion of external influence
behavioural norms and public morality
communalism
public sentiment with respect to obscenity and vulgarity
racial issues
perpetuation of enmity and inequality between various social classes
3. Religious Issues – This is the broadest category and includes those observation in which
the religious sentiments or the allegiance of people towards a specific historical hero is
taken into consideration while reflecting upon the issue of book banning. It has been sub-
categorized as:
offending the sensibilities of a particular religious group
making a mockery of a revered religious figure
blasphemy
fundamentalism/extremism
influence of the dominant religious group
4. Historical Issues – This category includes those deliberations on book banning which
takes into consideration the significance of historical facts. Misinterpretation of historical
facts and events, insults to revered historical figures (as reflected in Shivaji: Hindu King
in Islamic India) etc. are covered under this category.
81
5. Legal Issues – The judiciary often takes a stand in banning books on several basis, and
sometimes even defines vague terms which generally influence the decision to ban books
all over the country. For example, in 1964, when the issue of banning D H Lawrence’s
Lady Chatterley’s Lover came to the Hon’ble Supreme Court, the court took a stand to
define the term ‘obscenity’ with regard to public sentiment and societal perception.
18
25
32
10
1
0 5 10 15 20 25 30 35
POLITICAL ISSUES
SOCIAL ISSUES
RELIGIOUS ISSUES
LEGAL ISSUES
HISTORICAL ISSUES
Reasons in Favour of Book Banning
82
10
2
11
45
0
2
4
6
8
10
12
Religious Issues
Offending Sensibilities Demand of Specific Religious Groups
Mockery of a Revered Figure Blasphemy
Fundamentalism/Extremism
4
5 5
4
2
5
0
1
2
3
4
5
6
ExternalInfluence
Communalism Obscenity andVulgarity
Behaviour andMorality
PromotingEnmity between
Social Groups
Miscellaneous
Social Issues
External Influence Communalism
Obscenity and Vulgarity Behaviour and Morality
Promoting Enmity between Social Groups Miscellaneous
83
The study reveals that ‘Religious Issues’ is the most common reason for banning books,
followed closely by ‘Social Issues’.
Religious Issues is the broadest category and has been sub-categorized as:
offending the sensibilities of a particular religious group
making a mockery of a revered religious figure
blasphemy
fundamentalism/extremism
influence of the dominant religious group
Out of these groups, ‘Mockery of a Revered Figure’ seems to be the primary issue behind
banning books on religious grounds, followed by ‘Fundamentalism/Extremism’.
Social Issues is also a broad category, which has been sub-categorized into:
exertion of external influence
behavioural norms and public morality
communalism
public sentiment with respect to obscenity and vulgarity
racial issues
perpetuation of enmity and inequality between various social classes
Under ‘Social Issues’, ‘Communalism’ followed by ‘Obscenity/Vulgarity’ are the most
common reasons for book-banning.
5.3. Reasons against Book-Banning:
The following keywords emerged while studying the column for ‘Reasons against Book-
Banning’. Their interpretation has been given below as well.
1. Democratic Values (Freedom of Speech and Expression)- The central argument against
the banning of books is that the practice is in contravention of the fundamental right of
Freedom of Speech and Expression as guaranteed by Article 19(1) of the Constitution of
India, and does not fall within the ambit of ‘reasonable restrictions’ as defined by Article
19(1)(a).
84
2. Spreading Awareness- Banning of books prevents dissemination of knowledge about a
particular cultural or social issue which may be of significance. For example, Aubrey
Menen’s Ramayana (banned in India till date) was read widely and spread a positive
awareness about the rich Indian culture and tradition in the Western world, which had
remained uninformed for the longest time. Also, "E for Ecstasy" by Nicholas Saunders
provided detailed information about the drug ecstasy which prevented several of the
book’s readers from indulging in abuse of this drug.
3. Academic Development- It is important that academia consistently keeps disciplines like
history, sociology etc. open to any and all academic exploration and interpretation. For
this it is important to not only preserve resources but allow free access to it, along with
the freedom to interpret and express.
4. Misinterpretation and Fear of ‘Possible’ Consequences- Most of the books that are
banned aren’t even read by the authorities. FIRs are registered based on public hue and
cry and cases are carried forward based on the objections of certain societal groups,
which often arises from misinterpretation of the text in question. Also, fear of ‘possible’
consequences such as communal riots and violence also influences decisions to ban
books. It is now being recognised that this is not sufficient reason to ban literature.
5. Legal Aspect- The judiciary in India is increasingly adopting a more liberal approach
with respect to interpretations of challenged books. This keyword deals with this very
aspect.
85
The most popular reason against book banning is that the practice is not in consonance with the
democratic ideal of Freedom of Speech and Expression, as guaranteed by Article 19 of the
Constitution of India.
Also, several times, the meaning of the text in question may be misconstrued, leading to
misinterpretation of the book and the intent behind it. Many a times, the authorities banning the
book do not read it, and it is withdrawn form circulation only due to the fear of ‘possible’
consequences. For example, The Ramayana by Aubrey Menen was banned was fear of
communal riots, but till date, there is no evidence that any riots actually took place.
8
2
4
7
3
0 1 2 3 4 5 6 7 8 9
DEMOCRATIC PRINCIPLES (FREEDOM OF SPEECH AND EXPRESSION)
SPREADING AWARENESS
ACADEMIC DEVELOPMENT
MISINTERPRETATION AND FEAR OF 'POSSIBLE' CONSEQUENCES
LEGAL STAND
Reasons Against Book Banning
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Discussion
a. The Satanic Verses- Salman Rushdie
One of the most well-known and widely discussed instances of book censorship of our time is
that of The Satanic Verses, a novel by Salman Rushdie, the celebrated British author of Indian
origin. The novel, published in 1988 was a work of fiction which was inspired partly by the life
of Muhammad, the Holy Prophet of Islam, a figure revered greatly by millions of Muslims
across the globe.
At the centre of this controversy was the mention and discussion of the titular Satanic Verses:
verses praising the pagan goddesses of Mecca that had allegedly been incorporated in the Quran
initially before being subsequently deleted. The debate over the existence and authenticity of
these Satanic Verses, as they came to be named by Scottish Orientalist Sir William Muir in 1858,
had been one that has been raging for years and has involved both Muslim and secular historians
and scholars.
These verses were allegedly included in the original Quran as recited by the Prophet Muhammad
and sanctified or legitimized the worship of Al-Lat, Al-Uzza and Manat, the three goddesses of
Mecca. This is a controversial issue in Islam, which is extremely emphatic about monotheism:
the existence of one God, and one God only, as embodied in the declaration of faith (shahada).
Islam also expressly forbids the worship of idols in any form whatsoever, and thus the alleged
inclusion of these verses extolling these pagan idol-gods was an idea that was extremely
inflammatory to devout Muslims. It dilutes the sanctity of the Quran as revealed to Muhammad
by the Archangel Gabriel, and is the cause of much theological discomfort. A number of
Muslims interpreted this work, right from its title, to be an insult to Islam: the perception held
was that the author (Rushdie) was referring to the Holy Quran as a book influenced by Satan.
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Moreover, many of the characters and themes in this novel were seen as blasphemous. Scholar
Anthony McRoy enumerated the various parts of the book that could be seen as blasphemous or
insulting to Islam1:
The use of the name Mahound, said to be a derogatory term for Muhammad used by the
English during the Crusades.
The use of the term Jahilia, denoting the 'time of ignorance' before Islam, for the holy city
of Mecca.
The use of the name of the Angel Gabriel (Gibreel) for a film star, of the name of
Saladin, the great Muslim hero of the Crusades, for a devil, and the name of Ayesha the
wife of Muhammad for a fanatical Indian girl who leads her village on a fatal pilgrimage.
Moreover, the brothel of the city of Jahilia was staffed by prostitutes with the same
names as Muhammad's wives.
Thus, the novel was seen as blasphemous by a large section of the Muslim population around the
world. Protests rocked the UK, as well as many Muslim countries. Ayatollah Khomeini, the
religious and political leader of the Islamic Republic of Iran, issued a fatwa obligating Muslims
to kill Rushdie and his publishers for the unthinkable sin of producing this work, which he saw
as unforgivably evil and blasphemous. The judgement, issued on Iranian radio on 14th
February1989,read:
"We are from Allah and to Allah we shall return. I am informing all brave Muslims of the world
that the author of The Satanic Verses, a text written, edited, and published against Islam, the
Prophet of Islam, and the Qur'an, along with all the editors and publishers aware of its contents,
are condemned to death. I call on all valiant Muslims wherever they may be in the world to kill
them without delay, so that no one will dare insult the sacred beliefs of Muslims henceforth. And
whoever is killed in this cause will be a martyr, Allah Willing. Meanwhile if someone has access
to the author of the book but is incapable of carrying out the execution, he should inform the
people so that [Rushdie] is punished for his actions. Rouhollah al-Mousavi al-Khomeini. "2
1 Anthony McRoy (1 July 2007). "Why Muslims feel angry about the Rushdie knighthood" 2 "Ayatollah sentences author to death". BBC. 14 February 1989.
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This was the first time in the modern world that the head of state of a nation had openly declared
an individual residing in another as a target for elimination. Despite an apology from Rushdie,
the Ayatollah held the fatwa as irrevocable, saying:
"The imperialist foreign media falsely alleged that the officials of the Islamic Republic have said
the sentence of death on the author of The Satanic Verses will be retracted if he repents. Imam
Khomeini has said: This is denied 100%. Even if Salman Rushdie repents and become the most
pious man of all time, it is incumbent on every Muslim to employ everything he has got, his life
and wealth, to send him to Hell."
The fatwa was widely accepted by Muslims, even in liberal western democracies like the UK.
Salman Rushdie was forced to go into hiding under protection of the UK government. Incidents
of violence relating to the book became common: assassination attempts on Rushdie occurred
with disturbing regularity but were always foiled. The Japanese translator of the book, Hitoshi
Igarashi, was murdered in 1991, and Ettore Capriolo, the Italian translator, was attacked and
stabbed. William Nygaard, the publisher in Norway, was shot at thrice by a would-be assassin,
but survived. Consequently, a number of nations banned the book. India was the first one to do
so. The import of the book was banned, though possession wasn't punishable. Subsequently,
Bangladesh, Sudan, South Africa, Thailand and Sri Lanka, among other nations, also banned the
book.
b. Shivaji: Hindu King in Islamic India- Prof James Laine
This book has been written by James W. Laine and published in India in 2004. This book is a
historical analysis of the various narratives – folklore and official – surrounding the
Maharashtrian hero, Shivaji.
In the course of his book, Laine had noted that Shivaji’s parents “lived apart for most if not all of
Shivaji’s life” (p 91), adding that “Maharashtrians tell jokes naughtily suggesting that his
guardian Dadaji Konddev was his biological father” (p 93). This was interpreted as Laine
suggesting that Shivaji was illegitimate, and after a horrified review was published in a Marathi
weekly magazine, a succession of protests began. In October an elderly Sanskrit scholar whom
Laine had thanked in his acknowledgements, was roughed up and had his face smeared with tar.
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To forestall further violence, in November the book was withdrawn from the Indian market by
the Oxford University Press, and an apology for causing offence was issued by the author.(Guha,
2011)
Subsequently, the Gujarat government had to ban the book, considering the wide spread agitation
and it issued an official notification banning the book. The notification was issued by the
government under section 95 of Cr.P.C., which declared forfeiture of every copy of the book and
publication of the book is punishable under section 153A of Indian Penal Code. Section 153A of
the Indian Penal Code, requires that the words must promote or attempt to promote on grounds
of religion, race, place of birth, residence, language, caste or community or any other ground
whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious,
racial, language or regional groups or castes or communities. The book, however arouse feeling
of insult among one group but it doesn’t promote or attempt to promote ill-will, enmity or hatred
between different groups. Thus, the honourable High Court of Bombay, in its judgment on April
26 2007, quashed the notification banning the book and ordered to release all the forfeited copies
of the book. Subsequently, the Gujarat government filed an appeal to the Supreme Court of India
against the judgment of Bombay High Court. The Supreme Court in its judgment on July 9 2010
upheld the decision of Bombay high court. Thus, the ban on the book exists quashed. By this
ruling, the judiciary has proved itself as the champion of free expression in an intolerant system.
The controversial paragraph in the book outraged the feeling of insult for their hero in the
followers the Shivaji. Mob (the Sambhaji Brigade) outrage was not confined to demands for
suppression of Laine’s book; it extended to scholars who had extended help with his research
work, and the Bhandarkar Oriental Research Institute and Library at Pune from where he got a
major part of his material. The library was vandalised and precious manuscripts destroyed.
As mentioned, Shivaji is considered a hero among the Marathis and in other parts of India, thus,
it followed an outrageous agitation spread throughout the Maharastra. However, Laine just
quoted the folklore prevalent in the Maharastrian society without any intention to hurt the
feelings of anybody and later he apologised for the same but the followers considered it as
derogatory to the life of their hero. The protest against the book aroused out of the emotional
attachment to the content of the book. It aroused a feeling of insult in one group but didn’t
promote feeling of hatred between different groups.
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The ban was enforced after Udhayanraje Bhonsle, the 13th descendent of Shivaji and a former
Bharatiya Janata Party legislator, filed a case in the Satara court against Laine for an allegedly
offensive remark the scholar made on Shivaji's parentage. Laine uses the term "Oedipal rebel" in
the context of Shivaji's relationship with his father.
It is believed that Bhonsle, who considers himself to be the original protector of Shivaji's legend
by virtue of his lineage, was going through a political slump. He lost the then last Assembly
elections to a cousin and got a bad image after he was arrested in connection with the murder of
an NCP activist in 1999. It is believed that he used this issue to revamp his political image.
(Politics Of a Ban, The Hindu article)
The ban was supported by all the political parties so as to gain the support of the whole of the
community of followers of the Shivaji.
c. Ramayana/ Rama Retold- Aubrey Menen
Communal harmony had been the thorniest issue in colonial India and remained such even after
India’s liberation. One of the first books to be suppressed in independent India was Aubrey
Menen’s Ramayana, also known as Rama Retold in the United Kingdom (UK), in 1956. The
novel, a secular retelling of the Hindu epic was banned for the offence it might cause to the
religious feelings of Hindus (Chandran, 2011).
Apparently a few upper caste Hindus had expressed displeasure. India then was less than 10
years old, and had not fully recovered from the trauma of the communal riots that marked the
painful separation from Pakistan. Prime Minister Jawaharlal Nehru took immediate steps to
restrain the novel before it went on to cause another communal conflagration.
In a later interview, Menen refuted Nehru’s explanation that the book was banned for fear of
causing a riot (quoted by Elias 1986: 28): The fact was that my book, which was the retelling of
the Ramayana in secular terms, had caused no riot. What had happened was that a party of
brahmin priests in Bombay had decided to burn the book. Like Nehru, they hadn’t read it. Menen
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seems to be justified in saying this, for there is no evidence to indicate a public protest against
his Ramayana.
However, Menen’s claim of having authentically reproduced the epic appears to be rather
suspect as the novel’s resemblance to the epic is superficial. There are major departures from the
epic in terms of narrative style, the range and breadth of philosophy and the conception of
characters. Proponents of the ban on Menen’s Ramayana state that the book hardly resembles the
epic and depicts the characters in an unflattering light.
Menen’s Rama is “a prince of India, who lived his life according to the best advice”, had
“intellectual betters who were called Brahmins, and did what they told him to do”.
He is a well-intentioned youth who is completely out of depth when it comes to the sly political
games played by his father, the king, and his ruthless courtiers. Rama is mentored intellectually
by Valmiki, the lower caste author of the epic. Menen’s Rama is young, gullible, idealistic and
prone to making stupid mistakes in his zeal to do the right thing.
This portrayal of Rama in a humanized form did not go down well with several Hindus. Lord
Rama has always been placed on a pedestal and this image of him being gullible, and vulnerable
to the same mistakes as petty humans goes against Hindu belief. This depiction of Rama supports
the critics’ claim that Menen has taken uncalled-for liberties with the epic which lies at the very
core of Hindu religion.
Sita in the novel is much more practical and worldly-wise than her husband. What becomes
blasphemous is her willingness to be abducted by Ravana. She later also admits to a breach of
the code of chastity, which is outrageous to a believing Hindu. In Hindu religion, wives are seen
as symbols of devotion to their husbands, shame and chastity. Menen’s description of Sita as
such turns this image on its head, as she comes across as uncouth and brazen.
Menen seems to be identifying himself with Valmiki. Guru Valmiki is one of the most respected
Gurus of Hindu Mythology. Menen’s attempt to compare himself to Valmiki and depict him as a
shallow human being did not fare well with people.
It is as if Menen is mocking all the principles of acceptable and respectable conduct that Indian
society holds sacred. The novel remains banned to this day, and the text and its writer are largely
forgotten, despite the fact that Menen was a prolific writer.
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Conclusion
The legality of book banning can be attributed to the outlook of the society, prevailing law in the
society, political maturity and the intellectual understanding of the society, towards the
dissenting literatures. If a society has liberal outlook, the law in that society is not authoritative,
the political system is mature and developed and the society is intellectually developed the
practice of banning dissenting literature would be alien.
The wide scope for censorship given to the government is perhaps a product of the extreme
diversity of India – with its large variety in terms of races, creeds, religious and cultural groups,
it is extremely vital not to antagonise any particular section of society. We have seen the
volatility of the Indian masses when it comes to their religion, and this has caused a considerable
amount of violence and suffering in the history of this nation. Indeed, the very birth of this nation
was accompanied by its vivisection on the basis of religion. The horrifying effects of Partition
undoubtedly led our founding fathers to the realisation that the interests and sentiments of all
religions, especially religious minorities, had to be protected in the secular democratic state that
India aspired to be. Thus, in the larger interest of national harmony and security, the government
has been willing to curtail the Right to Expression of the individual in some instances. This
seems to be the pragmatic and practical thing to do: the ideal of Freedom of Expression would
mean nothing if we were constantly involved in communal clashes or riots on the basis of
offensive material. The actual exercise of this right is possible only in a civilised society which
makes certain allowances in exchange for complying with its rules. Thus, one must commend the
farsightedness of the framers of the Indian Constitution in their decision to allow this power to
the Government.
Nevertheless, this has been questioned by many proponents of free speech. They say that it
makes it extremely easy for the government to ban books and practise censorship, thus crippling
democracy. Each book that is banned or censored is done so for the content within the pages.
There are a few common reasons that books have been banned or censored in schools, libraries,
and book stores. Many books have been banned or censored in one or more of these categories
due to a misjudgment or misunderstanding about the books contents and message. Although a
book may have been banned or labeled a certain way, it is important that the reader makes
93
his/her own judgments on the book. Many books that have been banned or censored later were
dropped from banned books lists and were no longer considered controversial.
However, banning a work of literature or art is not something that the government of a
democracy like ours would do lightly: it is a move that is open to the scrutiny of the public, and
often invites a lot of criticism from the masses, from intellectuals, the media and journalists. It is
a curtailment of a right that, in the eyes of many, must not be curtailed unless absolutely
unavoidable. This inherent safeguard: that of public opinion and intellectual discourse, restricts
the arbitrary exercise of this censoring power.
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References
(for Introduction)
Chandran, Mini, “The Democratization of Censorship: Books and the Indian Public”,
Economic and Political Weekly, October 2, 2010, pp. 27-31
Noorani, A.G., “Book Banning”, Economic and Political Weekly, December 1, 2007, pp.
10-11.
Tracy, Robert. (1965). Literature and Obscenity. Christian Century. 82(24), 769-772
Noorani, A.G, Economic and Political Weekly, Vol. 42, No. 48 (Dec. 1 - 7, 2007), pp.
10-11
McLintock, A.H., An Encyclopaedia of New Zealand: Censorship of Books.
Teara.govt.nz (2009-04-23)
Judy Blume, Places I Never Meant to Be: A Personal View, American Libraries, Vol. 30,
No. 6 (Jun. - Jul., 1999), pp. 62-67, Stable URL: http://www.jstor.org/stable/25637200 .
Accessed: 09/09/2014 10:04
Jennifer Rossuck, Banned Books: A Study of Censorship, The English Journal, Vol. 86,
No. 2, Censorship (Feb., 1997), pp. 67-70, Stable URL:
http://www.jstor.org/stable/819679 . Accessed: 09/09/2014 09:5