3 Methodology 9
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
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).
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).
 
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
 
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.
1.  Political Issue
2.  Social Issues –  It is a broad category, which has been sub-categorized into:
  exertion of external influence
  communalism
  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
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.
5.  Legal Aspect
sovereignty and
sovereignty and
number of books on
the whims of the
sovereignty and
does not humiliate
anyone inside Indian
 borders, but hurts
the sentiments of
any group within
any foreign State
sovereignty and
opinion, offends
 punitive measure
to the present shows
have increasingly
responsible reading
amorphous public
offence of blasphemy
in literature. There
 judiciary censorship
for most of these
to interpretation, to
socio-historical
Academic
Developm
ent
consequence, it is
to interpretation, to
Satanic Verses 
the feelings of certain
1964. The court gave
ideal role model for
Supreme Court of
where charges were
have been legally
demonstration by
religious bigots  –  
demonstration by
religious bigots  –  
single party or regime.
The use of book
serve the political
not confined to one
the street are dirty,
government's decision
for "provoking public
sentiment and creating
tensions in society"
text in question, but
 ban the books to
 just arbitrary but goes
cogency of its
arguments and the
 propriety of its
it on the basis of the
nationality of its
grounded in
empirically verifiable
shall be judged from
it has put out, not for
the feelings its
the facts are
desired object but the
desire that attaches to
that subject. To the
Coetzee formulates it,
also a counterattack
on desire, censorship
means to suppress
young people. If no
one speaks out for
them, if they don't
found this definition:
(as in book banning):
they mean to the
 books they choose to
censorship of a book
social conduct does
codification of laws
the law may provide
our thoughts. Yet,
countries, states and
2011, has been
designated the Banned
Books Week. This
have been politicians
view that lower
 judiciary is also
following the same
have been politicians
 banning books, but
hands.
 politics with the great
and historic figures of
remove materials
from circulation
 process influenced
first I felt a temptation
to try ecstasy due to
the positive way in
which the drug was
dark, people will be
 book depicting the
that the book
 probable that he
37 Hussain,
ternational Islamic
University in
Malaysia. It
as a representation or
'Jahilia'
of ignorance and
darkness in pre-
Islamic Arabia. This
to the Holiest City
Muhammad. In the
characterized as the
Devil is named
the Prophet
Muhammad, in
messiah to her
village people and
again be interpreted
of life  –  following it
least. He saw, sitting
about the same age as
himself", balding,
it is incumbent on
Hell."
entire community
literature.
Religious
Issues:
Fundamen
mental strife
in my hand
to life
important to note,
right to free speech
assert his own power
Janata Party, in
opposition to Rajiv
own power as a
history, the world, the
crowd and the storm.
ways, a deliberately
transgressive work. It
with the political
and cultural scenario
Muslims objected to.
The religious and
cultural setting was
the West. The cultural
 been lionised, praised,
and lavishly rewarded
and financed by
saying that the Koran
is the work of
Muhammad, but in his
suggestion that it is
By using the term
alleged incident in the
54 The Satanic In the eyes of The Term Religious
saying that the Koran
is the work of
Muhammad, but in his
suggestion that it is
By using the term
alleged incident in the
the centre of the
Rushdie debate is the
debate about The
The author points
out that writers
58
that his father
moved south and
had another family;
assistance. In
allowing James
work on Shivaji.
The author here
mentions that the
 book was interpreted
in a Hindu
 
work on Shivaji.
Issues:
External
Influence
certain class of
 popular imagination,
invincible Shivaji.
such uproar in the
state in response to
Shivaji, though in
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,
the working class.
65 Politics of
the offending book
when they registered
an FIR (first
read even the one
crucial para- graph on
such influence.
19th century and his
sufficient evidence of
 both Marathi and
English, the problem
upcoming elections in
India.
discourse of religious
with its Muslim
centre for learning
lineage, is going
The instance of
Assembly elections to
image after he was
 NCP activist in 1999.
 book is an extreme
use this authority
situation of utter
 benefit for the
 politicians. In that
state the government
do so.
The notification
Government of
Maharashtra stated
development, with the
 petition was amended
and challenge to
notification dated 20th
December, 2006 was
the book and culled
out in the notification
the book and culled
out in the notification
fulfilled inasmuch as
and a detailed study
into the life of
The notification is
neither based on
grounds that offence
that how the
fulfilled inasmuch as
The notification is
neither based on
grounds that offence
that how the
fulfilled inasmuch as
The notification is
neither based on
grounds that offence
that how the
and a detailed study
into the life of
from the notification
as to which
hatred and animosity
"likely to result in
 breach of peace and
satisfy the afore-
84 Chandran,
Mini, “The
communalism. The
 prospect of
to be suppressed in
religious feelings of
 be banned in India,
incite violence in
new-born India by
The India-Pakistan
for the Hindu and
the book to prevent
cause another
 book, which was the
89 Aubrey
Menen’s
statement (as
quoted by
Elias 1986:
 book, which was the
 Nehru had not read
had been caused due
evidence to indicate a
largely forgotten,
evidence to suggest
of the scriptures and
divinities have been
humanised, and their
frailties and follies
that the west knew
first time in western
resemblance to the
epic is superficial.
There are major
departures from the
the maryada
 purushottam, an
specific purpose of
eradicating the evil
India, who lived his
life according to the
 best advice”, had “in-
Rama is mentored
do the right thing.
of Hindu religion.
the incarnation of the
goddess of wealth. In
ideal wifely qualities,
like steadfastness in
devotion to her
me above everything
he would never force
was sorry for him.
Then he kissed me.
oine anymore.
Hindu religion,
the epitome of an
idea wife. Menen’s
the incarnation of the
goddess of wealth. In
her human form, she
ideal wifely qualities,
like steadfastness in
devotion to her
me above everything
In Hindu religion,
this image on its
head, as she comes
was sorry for him.
Then he kissed me.
oine anymore.
merely superstitious.
them a little courage
hurt the religious
sentiments of people
and questioned their
 beliefs and faith,
as if Menen is
 built.
as if Menen is
as if Menen is
mocking all the
constant are “God,
human folly and
all-too-human hero
inspire the reader to
will have the same
relation to the original
gospels. Banned in
Reasons in Favour of Book Banning:
Reasons in Favour of Book Banning
No. of
Miscellaneous 5
Total 25
Religious Issues
Blasphemy 4
Fundamentalism/Extremism 5
Total 32
Democratic Principles (Freedom of Speech and Expression) 8
Spreading Awareness 2
Academic Development 4
Legal Stand 3
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
  communalism
  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:
   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
 
POLITICAL ISSUES
SOCIAL ISSUES
RELIGIOUS ISSUES
LEGAL ISSUES
HISTORICAL ISSUES
 
Mockery of a Revered Figure Blasphemy
Fundamentalism/Extremism
4
 
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
  communalism
  racial issues
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 ‘Reasonsagainst 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).
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 thefear 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)
CONSEQUENCES
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
 
87
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 
 
88
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
 
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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 inter view, 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
 
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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 cr itics’ 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
 
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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
 
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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.
 
(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