Let's Curb Misuse Of A Legal Relic That Elevates The Mob Over The Individual, Pg14

Key Highlights:

• The article criticizes Section 295A of the Indian Penal Code, now re-codified as Section 299 of the Bharatiya Nyaya Sanhita (BNS).
• This law, introduced by the British in 1927, criminalizes deliberate and malicious acts intended to outrage religious feelings.
• It is argued to stifle intellectual and creative freedom by granting a "heckler's veto" to intolerant segments of society.
• The law's punitive legal process, including potential arrest and multi-city court appearances, fosters self-censorship among creators and publishers.
• The article advocates for reforms such as requiring prior government sanction for First Information Reports (FIRs) and consolidating multiple complaints.
• Justice Sanjay Kishan Kaul's 2008 Delhi High Court judgment in the M F Husain case is cited as a landmark defense of artistic liberty.

Detailed Insights:

• Section 295A was enacted in 1927 following the "Rangeela Rasool" controversy to address communal tensions.
• The law permits restrictions on speech under Article 19(2) of the Constitution, which allows limitations in the interest of public order.
• By making "emotional hurt" a cognisable, non-bailable criminal offence, BNS 299 incentivizes individuals to claim their sentiments are wounded.
• The legal machinery can be triggered against creators based on a single FIR, often leading to prolonged and financially ruinous proceedings.
• Major publishers, such as Penguin Books India, have engaged in pre-emptive self-censorship to avoid legal repercussions.
• Justice Kaul's judgment affirmed that one disapproving viewer cannot hold the right to restrict free expression, emphasizing India's pluralistic heritage.
• Proposed reforms aim to reverse the incentive structure of BNS 299 by penalizing vexatious complaints and fast-tracking frivolous cases.
• The article suggests that a confident Viksit Bharat should not require police protection for its civilization, advocating for curbing the law's misuse.

Key Concepts Involved:

• Section 295A IPC / Section 299 BNS: A legal provision criminalizing deliberate acts intended to outrage religious feelings, now part of India's new criminal code.
• Article 19(2) of the Indian Constitution: Allows the state to impose reasonable restrictions on freedom of speech and expression for reasons like public order.
• Heckler's veto: A situation where free speech is suppressed or restricted due to the actual or anticipated negative reaction of an audience.