“To censor or not to censor” – Is it a legal or social conundrum?

Document Type

Book Chapter

Publication Title

The Indian yearbook of law and interdisciplinary studies: Pluralistic discourse

Publisher

Taylor & Francis

School

School of Business and Law

RAS ID

45187

Comments

Aston, J., & Das, C. A. (2022). ‘To censor or not to censor’– Is it a legal or social conundrum?. In The Indian yearbook of law and interdisciplinary studies (pp. 113-127). Taylor & Francis https://doi.org/10.4324/9781003150565

Abstract

This chapter analyses the socio-legal debates surrounding laws related to censorship and the entrenched constitutional right to freedom of speech and expression as guaranteed by Article 19(1)(a) of the Indian Constitution. The State intervention in a medium that has a huge impact on the population need to be explored to elucidate the effectiveness of its role in building a balance between freedom of speech and expression and cultural protectionism. Further, this chapter brings to fore the possible failure of the Indian judiciary to appreciate the differing implications of the Tests of Obscenity to the society.

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