Reading from a banned book is not allowed: 1867 Act
While the controversy over Salman Rushdie and his banned novel 'Satanic Verses' is not over, four authors who read from the book during the literature festival are facing the arrests. But is public reading of the book an illegal act, Merinews tries to find out.
AFTER MUCH controversy over the Booker prize winner author Salman Rushdie and his novel ‘The Satanic Verses’, it seems that the organisers of the Jaipur Literature Festival (JLF) have knelt down under pressure of Rajasthan government and given written indemnity that the writer wouldn’t speak on or from the controversial banned book. The organizers are still tight lipped on his participation on the fifth and final day of event via a video link.
Earlier four authors Hari Kunzru, Amitava Kumar, Jeet Thayil and Ruchir Joshi in JLF decided to read out passages from the book, which Muslims consider sacrilegious and the book is banned in
India without any discussion. But organisers found it a bold decision and asked all these writers to sign a statement saying it was not part of the festival. Two of authors left the country very next day and others two left later due to risk of arrest. It is unclear that whether reading passages from a banned book tantamount to breaking Indian law?
“What is wrong in reading some passages from book? Whoever objects should not listen or watch the video,” said Gagan Agarwal, Engineering Executive. Noor Jahan, 30, student from Delhi University says, “It’s clear that he is more problem for politicians than Muslims.” “How many times politicians will disclose their agenda?”questions Jahan.
In India, law enforcement agencies are controlled by ruling government. These agencies have no idea of dispensing these situation single handed. The sale of book has been banned but reading it in public is not illegal. In 1988, the book was banned under the Indian Custom Act which says the government may prohibit the import of exports goods of any description over concerns ranging from the maintenance of security and public order in India. There is no mention about public reading of the book.
“The books can be banned at state level but this type of ban mainly applies to its sale and distribution. The act has nothing to do with reading at festival,” says Vinit Dua, Advocate in High Court, Mumbai. “It can be offend community sentiments of people, I think reading out passages from Rushdie’s book will violate the act,” adds Parminder, a senior advocate in the Supreme Court.
Actually laws are silent in our land about public reading of banned books and separate provision in the Indian penal code is need of hour to introduce it. But co-director of JLF told media that an 1867 act passed during the British rule stipulates that reading from the banned book is not allowed. Surprise! We are still living in British World.
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