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Censorship in India - Wikipedia, the free encyclopedia

Censorship in India
From Wikipedia, the free encyclopedia

In general, censorship in India, which involves the suppression of speech or other public communication, raises issues of freedom of speech, which is nominally protected by the Indian constitution. The Constitution of India guarantees freedom of expression but places certain restrictions on content, with a view towards maintaining communal and religious harmony, given the history of communal tension in the nation.[1] According to the Information Technology Rules 2011, objectionable content includes anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order" .[2] Analysts from Reporters Without Borders rank India 131st in the world in terms in their Press Freedom Index,[3] falling from 80th just 11 years earlier.[4] In 2011, the report Freedom in the World by Freedom House gave India a political rights rating of 2, and a civil liberties rating of 3, earning it the designation of free.[5] The rating scale runs from 1 (most free) to 7 (least free).

Contents
1 Laws 1.1 Obscenity and sexual content 1.2 National security 2 Censorship by medium 2.1 Press 2.2 Film 2.3 Music 2.4 Dramas 2.5 Maps 2.6 Books 2.7 Internet 3 Censorship criticism 4 See also 5 References 6 External links

Laws
Obscenity and sexual content
Watching or possessing pornographic materials is fully legal, however distribution of such materials is banned.[6] The Central Board of Film Certification allows release of certain films with sexually explicit content (labeled Arated), which are to be shown only in restricted spaces and to be viewed only by people of age 18 and above.[7] Even India's public television broadcaster, Doordarshan has aired adult films.[8] Films, television shows and music
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videos are prone to scene cuts or even bans, however if any literature is banned, it is not usually for pornographic reasons. Pornographic magazines are technically illegal, but many softcore Indian publications are available through many news vendors, who often stock them at the bottom of a stack of non-pornographic magazines, and make them available on request. Most non-Indian publications (including Playboy) are usually harder to find, whether softcore or hardcore. Mailing pornographic magazines to India from a country where they are legal is also illegal in India. In practice, the magazines are almost always confiscated by Customs and entered as evidence of lawbreaking, which then undergoes detailed scrutiny.

National security
The Official Secrets Act 1923 is used for the protection of official information, mainly related to national security.[9]

Censorship by medium
Press
In 1975, the Indira Gandhi government imposed censorship of press in The Emergency. It was removed at the end of the Emergency rule.[2] (http://books.google.co.nz/books?q=+subject:%22Freedom+of+the+press%22) On 26 June 1975, the day after the emergency was imposed, the Bombay edition of The Times of India in its obituary column carried an entry that read, "D.E.M O'Cracy beloved husband of T.Ruth, father of L.I.Bertie, brother of Faith, Hope and Justica expired on 26 June".[10]

Film
The Central Board of Film Certification, the regulatory film body of India, regularly orders directors to remove anything it deems offensive, including sex, nudity, violence or subjects considered politically subversive.[11] According to the Supreme Court of India:[12]

Film censorship becomes necessary because a film motivates thought and action and assures a high degree of attention and retention as compared to the printed word. The combination of act and speech, sight and sound in semi darkness of the theatre with elimination of all distracting ideas will have a strong impact on the minds of the viewers and can affect emotions. Therefore, it has as much potential for evil as it has for good and has an equal potential to instill or cultivate violent or bad behaviour. It cannot be equated with other modes of communication. Censorship by prior restraint is, therefore, not only desirable but also necessary

In 2002, the film War and Peace, depicting scenes of nuclear testing and the September 11, 2001 attacks, created by Anand Patwardhan, was asked to make 21 cuts before it was allowed to have the certificate for release.[13][14] Patwardhan objected, saying "The cuts that they asked for are so ridiculous that they won't hold up in court" and "But if these cuts do make it, it will be the end of freedom of expression in the Indian media." The court decreed the cuts unconstitutional and the film was shown uncut. In 2002, the Indian filmmaker and former chief of the country's film censor board, Vijay Anand, kicked up a controversy with a proposal to legalise the exhibition of X-rated films in selected cinemas across the country, saying "Porn is shown everywhere in India clandestinely... and the best way to fight this onslaught of blue movies is to
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show them openly in theatres with legally authorised licences".[11] He resigned within a year after taking charge of the censor board after facing widespread criticism of his moves.[15] In 2003, the Indian Censor Board banned the film 'Gulabi Aaina (The Pink Mirror)', a film on Indian transsexuals produced and directed by Sridhar Rangayan. The censor board cited that the film was 'vulgar and offensive'. The filmmaker appealed twice again unsuccessfully. The film still remains banned in India, but has screened at numerous festivals all over the world and won awards. The critics have appluaded it for its 'sensitive and touching portrayal of marginalized community'. BBC (http://www.news.bbc.co.uk/2/low/entertainment/3689509.stm), YIDFF (http://www.yidff.jp/docbox/22/box22-2-e.html), Queer India (http://queerindia.blogspot.com/2006/05/bannedbanned-and-banned-again.html) In 2004, the documentary Final Solution, which looks at religious rioting between Hindus and Muslims, was banned.[16][17] The film follows 2002 clashes in the western state of Gujarat, which left more than 1,000 people dead. The censor board justified the ban, saying it was "highly provocative and may trigger off unrest and communal violence". The ban was lifted in Oct.'04 after a sustained campaign.[18] In 2006, seven states (Nagaland, Punjab, Goa, Tamil Nadu, Andhra Pradesh) have banned the release or exhibition of the Hollywood movie The Da Vinci Code (and also the book),[19] although India's Central Board of Film Certification cleared the film for adult viewing throughout India.[20] However, the respective high courts lifted the ban and the movie was shown in the two states. The Central Board of Film Certification demanded five cuts from the 2011 American film The Girl with the Dragon Tattoo because of some scenes containing nudity. The producers and the director David Fincher finally decided not to release the film in India.[21] --Mohit Singh (talk) 13:49, 12 April 2013 (UTC)

Music
Heavy Metal band Slayer's 2006 album Christ Illusion was banned in India after Catholic churches in the country took offense to the artwork of the album and a few song titles and launched a protest against it. The album was taken off shelves and the remaining catalog was burnt by EMI Music India.[citation needed ]

Dramas
In 1999 Maharashtra government banned the Marathi play 'Me Nathuram Godse Boltoy" or 'I am Nathuram Godse Speaking"[22] The ban however no more survives in view of a judgment rendered by a bench of three judges of the Bombay High Court. The Notification issued by the Maharashtra government was challenged before the Bombay High Court. The High Court Bench consisting of B.P. Singh (Chief Justice), S. Radhakrishnan and Dr. D.Y. Chandrachud allowed the writ petition and declared the notification to be ultra vires and illegal. In 2004, Eve Ensler's "The Vagina Monologues" was banned in Chennai. The play however, has played successfully in many other parts of the country since 2003. A Hindi version of the play has been performing since 2007.

Maps
In 1961 it was criminalized in India to question the territorial integrity of frontiers of India in a manner which is, or is likely to be, prejudicial to the interests of the safety or security of India.[23]
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Books
1989, The import[24] of Salman Rushdie's The Satanic Verses was banned in India for its purported attacks on Islam.[25] India was the second country in the world (after Singapore) to ban the book. 1990, Understanding Islam through Hadis by Ram Swarup was banned[citation needed ]. In 1990 the Hindi translation of the book was banned, and in March 1991 the English original became banned as well. A book on Shivaji by Queens University professor Jayant Lele was also banned.[citation needed ] as this book raised a question about Shivaji's father. Shivaji: Hindu King in Islamic India by American scholar James Laine. Laine's translation of the Sivabharata, entitled The Epic of Shivaji, was also banned. The ban followed an attack by Sambhaji Brigade activists on the Bhandarkar Oriental Research Institute in Pune. The subsequent governments have not revoked the ban. In Punjab the Bhavsagar Granth was banned by the state government,[26] following clashes between mainstream Sikhs and the apostate Sikh sect that produced it. It was said that the granth had copied a number of portions from the Guru Granth Sahib. In one of the photographs it showed Baba Bhaniara, wearing a shining coat and headdress in a style similar to that made familiar through the popular posters of Guru Gobind Singh, the tenth guru of the Sikhs. In another Baba Bhaniara is shown riding a horse in the manner of Guru Gobind Singh[citation needed ]. The Polyester Prince - (ISBN 1-86448-468-3) a biography of the Indian businessman Dhirubhai Ambani was banned. Importing the book The True Furqan (al-Furqan al-Haqq) by Al Saffee and Al Mahdee into India has been prohibited since September 2005.[27] Islam - A Concept of Political World Invasion by Muslims By R.V. Bhasin was banned in Maharashtra during the tenure of Vilasrao Deshmukh (ex Chief Minister, Maharashtra) on grounds that it promotes communal disharmony between Hindus and Muslims.[28][29][30]

Internet
Main article: Internet Censorship in India The India country report that is included in Freedom House's Freedom on the Net 2011 report, says:[31] India's overall Internet Freedom Status is "Partly Free", unchanged from 2009. India has a score of 36 on a scale from 0 (most free) to 100 (least free), which places India 14 out of the 37 countries worldwide that were included in the 2011 report. India ranks second best out of the nine countries in Asia included in the 2011 report. There is no sustained government policy or strategy to block access to Internet content on a large scale, but measures for removing certain content from the web, sometimes for fear they could incite violence, have become more common. Pressure on private companies to remove information that is perceived to endanger public order or national security has increased since late 2009 Internet users have sporadically faced prosecution for online postings, and private companies hosting the content are obliged by law to hand over user information to the authorities. Both bloggers and moderators can face libel suits and even criminal prosecution for comments posted by other users on their websites.
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India is classified as engaged in "selective" Internet filtering in the conflict/security and Internet tools areas and as showing "no evidence" of filtering in the political and social areas by the OpenNet Initiative in May 2007.[32] ONI states that: As a stable democracy with strong protections for press freedom, Indias experiments with Internet filtering have been brought into the fold of public discourse. The selective censorship of Web sites and blogs since 2003, made even more disjointed by the non-uniform responses of Internet service providers (ISPs), has inspired a clamor of opposition. Clearly government regulation and implementation of filtering are still evolving. Amidst widespread speculation in the media and blogosphere about the state of filtering in India, the sites actually blocked indicate that while the filtering system in place yields inconsistent results, it nevertheless continues to be aligned with and driven by government efforts. Government attempts at filtering have not been entirely effective, as blocked content has quickly migrated to other Web sites and users have found ways to circumvent filtering. The government has also been criticized for a poor understanding of the technical feasibility of censorship and for haphazardly choosing which Web sites to block. The amended IT Act, absolving intermediaries from being responsible for third-party created content, could signal stronger government monitoring in the future.[32] A "Transparency Report" from Google indicates that the Government of India initiated 67 content removal requests between July and December 2010.[33]

Censorship criticism
Many Indians also criticise Indian censorship saying "it is too much" because there are a lot of cuts in movies, especially in music videos and TV shows. Sexual scene and swear words are cut so often that it just takes away the feeling.

See also
Television content rating systems in India List of films banned in India Pornography laws in India Internet censorship in India Central Board of Film Certification, the Indian film classification and censorship body

References
1. ^ "The Constitution of India (http://indiacode.nic.in/coiweb/fullact1.asp?tfnm=00)" 658.79 KiB PDF, India Code. Retrieved 3 June 2006. 2. ^ "Uncle dictates, cyber boys dispose - Sibal to work on norms for social sites" (http://telegraphindia.com/1111207/jsp/nation/story_14848886.jsp). The Telegraph (Calcutta, India). 7 December 2011. 3. ^ "Press Freedom Index 2011/2012" (http://en.rsf.org/press-freedom-index-2011-2012,1043.html). Reporters without borders. Retrieved 2012-03-26. 4. ^ "Press Freedom Index 2010" (http://en.rsf.org/spip.php?page=classement&id_rubrique=1034). Reporters without borders. Retrieved 2012-03-26.
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5. ^ Freedom in the World 2011: Selected Data from Freedom House's Annual Survey of Political Rights and Civil Liberties (http://www.freedomhouse.org/images/File/fiw/FIW_2011_Booklet.pdf), Freedom House, January 2011, retrieved 21 May 2011 6. ^ Rajak, Brajesh (2011) [2011]. Pornography Laws: XXX Must not be Tolerated (Paperback ed.). Delhi: Universal Law co. p. 61. ISBN 978-81-7534-999-5. 7. ^ "Family entertainment? B-town flicks now open to adults only" (http://timesofindia.indiatimes.com/india/Familyentertainment-B-town-flicks-now-open-to-adults-only/articleshow/5397590.cms). Times of India. 2009-12-31. Retrieved 2010-05-21. 8. ^ Sinh,Niroja (1989) Women and violence (http://books.google.co.in/books?id=AYPaAAAAMAAJ) Vikas Publishing House. ISBN 0706942736; Assuming that late night programme telecast would be restricted to adults, Doordarshan started showing adult films in recent past on TV 9. ^ "The Official Secrets Act, 1923 (http://www.indialawinfo.com/bareacts/OSA.html)", IndiaLawInfo.com. Retrieved 4 June 2006 10. ^ Austin, Granville (1999). Working a democratic constitution: the Indian experience (http://books.google.co.in/books?id=r42bAAAAMAAJ&q=). Oxford University Press. p. 295. ISBN 0-19-5648889. 11. ^ a b "India's film censor wants to legalise porn (http://news.bbc.co.uk/2/hi/business/2069900.stm)", BBC News, 27 June 2002. Retrieved 29 May 2006. 12. ^ "Background" (http://cbfcindia.gov.in/html/uniquepage.aspx?unique_page_id=6). CBFC Website. Central Board of Film Certification. Retrieved 9 January 2012. 13. ^ "India cuts 'anti-war' film (http://news.bbc.co.uk/2/hi/entertainment/2202379.stm)", BBC News, 19 August 2002. Retrieved 29 May 2006. 14. ^ "Censorship and Indian Cinema (http://www.brightlightsfilm.com/38/indiacensor.htm)", Bright Lights Film Journal, November 2002. Retrieved 29 May 2006. 15. ^ "BIndia's chief film censor quits (http://news.bbc.co.uk/2/hi/entertainment/2144603.stm)", BBC News, 22 July 2004. Retrieved 29 May 2006. 16. ^ "India bans religious riot movie (http://news.bbc.co.uk/2/hi/entertainment/3542340.stm)", BBC News, 6 August 2004. Retrieved 29 May 2006. 17. ^ "Censor Board Bans 'Final Solution' (http://www.countercurrents.org/arts-sharma060804.htm)", Countercurrents.org (http://www.countercurrents.org/index.htm), 6 August 2004. Retrieved 29 May 2006. 18. ^ "Rakesh Sharma-Final Solution (http://www.rakeshfilm.com/finalsolution.htm)". Retrieved 16 June 2007. 19. ^ "India extends Da Vinci Code ban (http://news.bbc.co.uk/2/hi/south_asia/5043934.stm)", BBC News, 3 June 2006. Retrieved 3 June 2006. 20. ^ "India censors clear Da Vinci Code (http://news.bbc.co.uk/2/hi/south_asia/4995122.stm)", BBC News, 18 May 2006. Retrieved 29 May 2006. 21. ^ Ramachandran, Naman (2012-01-27). "Sony cancels 'Dragon Tattoo's' Indian release" (http://www.variety.com/article/VR1118049359). Variety. Retrieved 2012-01-28. 22. ^ "Gandhi play banned" (http://news.bbc.co.uk/1/hi/world/south_asia/135340.stm). BBC News. 18 July 1998. Retrieved 28 April 2010. 23. ^ The Criminal Law Amendment Act, 1961 (http://www.vakilno1.com/bareacts/Laws/The-Criminal-LawAmendment-Act-1961.htm), Vakilno1.com 24. ^ "Reading Satanic Verses' legal" (http://articles.timesofindia.indiatimes.com/2012-0125/india/30662344_1_import-ban-book-satanic-verses). The Times Of India. 25 January 2012. 25. ^ "Rushdie 'hurt' by India ban (http://news.bbc.co.uk/2/hi/south_asia/190588.stm) ", BBC News, 10 October 1998. Retrieved 29 May 2006. 26. ^ "Caste and Religion in Punjab Economic and Political Weekly" (http://www.epw.org.in/epw/uploads/articles/10652.pdf). 2007-05-26. Retrieved 2008-10-05. 27. ^ "Notification No. 78 /2005-Customs (N.T.)" (http://www.cbec.gov.in/customs/cs-act/notifications/notfns2k5/csnt78-2k5.htm), Anupam Prakash, Under Secretary to the Government of India, 7 September 2005 28. ^ Book on Islam banned, author's house raided in Mumbai Attacks | hindujagruti.org (http://www.hindujagruti.org/news/article/anti-hindus-misc/attacks/book-on-islam-banned-author-s-house-raidedin-mumbai.html). Google.com. Retrieved on 2010-05-09.
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29. ^ CRIMINAL APPLICATION NO.1421 OF 2007 (http://bombayhighcourt.nic.in/data/judgements/2010/CRAPPLN142107.pdf). The High Court of Judicature at Bombay 30. ^ [1] (http://openlibrary.org/works/OL5761246W/Islam_a_concept_of_political_world_invasion_by_Muslims) 31. ^ "India Country Report" (http://www.freedomhouse.org/images/File/FotN/India2011.pdf), Freedom on the Net 2011, Freedom House 32. ^ a b "ONI Country Profile: India" (http://opennet.net/research/profiles/india), OpenNet Initiative, 9 May 2007 33. ^ India asked Google to block content critical of government (http://www.hindu.com/2011/06/29/stories/2011062963000100.htm) The Hindu - June 29, 2011

External links
Ban this book , by Koenraad Elst (http://voiceofdharma.com/books/foe/ch15.htm) Koenraad Elst (http://koenraadelst.voiceofdharma.com/books/ayodhya/ch12.htm) - Book banning Censorship in India (http://www.ifex.org/en/content/view/full/149/) - IFEX The Expressionist: Tracking the moral police in India (http://www.newswatch.in/expressionist/archives/) Retrieved from "http://en.wikipedia.org/w/index.php?title=Censorship_in_India&oldid=550000877" Categories: Censorship in India Politics of India This page was last modified on 12 April 2013 at 13:49. Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.

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