Supreme Court recently upheld the ban on “Basava Vachana Deepthi”.
How did the issue evolve?
Maate Mahadevi’s book “Basava Vachana Deepthi”, was banned by the Karnataka government in 1998 as the contents were thought to hurt religious sentiments of ‘Veera Shaivas’.
The government had then invoked Section 95 of CrPC – that allows for the suspension of publications on certain grounds.
The book had allegedly changed the original words in Lord Basaveshwara’s “Vachanas” to suit the author’s world view.
What are its Implications?
The current verdict is a victory for intolerant attitudes.
This also implies that expressions deserve protection only when it raises no opposition.
Religious passion has effectively been exempted from the regular mandates of democracy.
It also highlights the fact that governments in India can ban books with ease as once Section 95 is invoked - the onus is on the author to disprove it in courts.
What is needed?
For a book to be banned, it should be established beyond doubt that – “book attempts to insult religious beliefs with definitive hateful intentions”.
In a just & tolerant society, the courts are expected to take the narrowest possible reading into laws seeking an outright ban.
The preservation of individual autonomy is an essential requirement of a legitimate government.
The court must therefore recognise that the right to freedom of speech is a liberty central to achieving an equal society.
