Latest news with #Jammu&KashmirHomeDepartment
Indian Express
a day ago
- Politics
- Indian Express
J&K Home Department ‘forfeits' 25 books: What does it mean?
The Jammu & Kashmir Home Department issued a notification on August 5, which categorised 25 books as 'forfeited'. These include political biographies, historical accounts and academic works set against the backdrop of the region's politics and history by authors like A G Noorani and Arundhati Roy. The notification has stated that these works carry 'false narratives' and propagate secessionist ideology by 'misguiding the youth, glorifying terrorism, and inciting violence'. It also said their continued circulation could influence the youth in ways that encourage alienation from 'the Indian state'. The move came on the sixth anniversary of the abrogation of Article 370, which, until August 5, 2019, granted special constitutional status to Jammu & Kashmir. Forfeiture is the legal mechanism, which, unlike censorship that modifies or withholds content, removes a book or printed materials from circulation entirely within a notified area. Once a forfeiture order is issued, the material can no longer be printed, sold, or distributed. Police officers are empowered to search premises and seize copies if they have reasonable suspicion that a banned book is stored there. The effect is immediate, thus making forfeiture one of the most direct tools available to the state in dealing with literature deemed unlawful. The notification relies primarily on Section 98 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which allows the state to forfeit any printed material (newspapers, books, documents) containing matter punishable under specific sections of Bharatiya Nyaya Sanhita (BNS), 2023. This includes acts endangering the sovereignty, unity, and integrity of India, promoting enmity between groups, matters intended to outrage religious feelings, among others. To act under Section 98, the government must form the opinion that the material meets these criteria, record its reasons and publish them in a notification. Note that while the Constitution's Article 19 (1) (a) grants all citizens the right to freedom of speech and expression, Article 19(2) permits 'reasonable restrictions' on the exercise of the right. This is permitted in the interest of the sovereignty and integrity of India; the security of the state; friendly relations with foreign states; public order; or preventing incitement to the commission of an offence. Forfeiture orders are examined against this constitutional framework. Those affected by such an order, or 'any person of interest', can challenge the notification in the High Court with jurisdiction over the area where it was issued. The Supreme Court has previously addressed similar provisions. For instance, in State of Maharashtra & Ors vs Sangharaj Damodar Rupawate & Ors (2010), the SC evaluated the validity of a notification issued under Section 95 of the Code of Criminal Procedure (Section 98, BNSS) by the Maharashtra government. The notification had directed the forfeiture of 'Shivaji-Hindu King in Islamic India', a book written by James W Laine. The notification said that the book contained derogatory remarks about Shivaji and thus may cause enmity and violence among various communities. The SC laid down various factors that should be taken into consideration while issuing such a notification. These include whether the government has stated its grounds for opinion, and if those grounds are based on facts. The order of forfeiture should also be justified by the merits of the grounds mentioned. The apex court also said that the language and the content of the 'offending' material should be understood based on the intention of the author, and the subsequent impact on the readers. The government is not required to prove the offence beyond a reasonable doubt, but has the responsibility to show that the ingredients of the offence appear to be present, the court said.
Indian Express
3 days ago
- Politics
- Indian Express
7 books that faced bans in India and why they were controversial
The Jammu & Kashmir Home Department has banned 25 books on Kashmir, citing concerns over 'secessionist content' and their alleged role in spreading misinformation, glorifying militancy, and undermining national sovereignty. The banned books include constitutional expert AG Noorani's The Kashmir Dispute 1947-2012, Sumantra Bose's Kashmir at the Crossroads and Contested Lands, David Devadas' In Search of a Future: The Kashmir Story, Booker-prize-winning author Arundhati Roy's Azadi and journalist Anuradha Bhasin's A Dismantled State: The Untold Story of Kashmir After Article 370. The move, which invoked provisions of the new Bhartiya Nyaya Sanhita and Nagarik Suraksha Sanhita, has renewed debate over censorship. This is not the first time books have been banned or restricted across India or in specific states and territories for allegedly offending religious sentiments, distorting history, or threatening public order. Here are some books that have faced bans in Independent India: Published in 1954, Rama Retold by British writer Aubrey Menen was the first book to be banned in Independent India. The novel offers a satirical retelling of the Ramayana, interpreting its characters, including Rama, Sita, and Ravana, in an unconventional manner. Menen's version sought to secularise the epic and question traditional interpretations, which drew strong criticism for allegedly offending religious sentiments. In 1955, the Jawaharlal Nehru government banned the book's import, citing concerns over potential communal unrest. An Area of Darkness (1964) by Indian-origin author and winner of the Nobel Prize in Literature VS Naipaul documents his impressions during a visit in 1962. Though Naipaul was of Indian origin, the book was banned soon after publication for portraying the country in a negative light. However, decades later, re-published by Pan Macmillan and is now available on Amazon. Naipaul's account focuses on poverty, bureaucracy, and social issues, described in blunt and critical language. The Indian government banned its import, citing concerns that the depiction was offensive and misrepresented the nation. Critics accused Naipaul of generalising and lacking cultural understanding, while others acknowledged the honesty of his observations. The Rajiv Gandhi government 'banned' Salman Rushdie's The Satanic Verses in 1988, following global outrage from Muslim groups who considered its content blasphemous. The novel sparked protests worldwide and led to a fatwa calling for Rushdie's death. For decades, the book remained officially unavailable in India. In late 2024, however, the Delhi High Court closed a petition against the ban after authorities failed to produce any official ban notification. Shortly after, limited copies began appearing at Bahrisons Booksellers in Delhi. Dan Brown's The Da Vinci Code was banned in the state of Nagaland in 2006, following protests from Christian groups who considered its content blasphemous. The Nagaland government prohibited the book's publication, sale, and distribution, citing that it hurt religious sentiments in the Christian-majority state. The ban was prompted in part by the global publicity around the film adaptation released the same year. The film also faced opposition in other Indian states, including Tamil Nadu, Andhra Pradesh, Punjab, and Goa. Censors allowed the film to release with an 'adults only' rating and required a disclaimer stating it was a work of fiction. The book and film continue to draw controversy over their depiction of Christian history and beliefs, particularly the suggestion that Jesus married Mary Magdalene. Hansda Sowvendra Shekhar's The Adivasi Will Not Dance, a short story collection published in 2015, was temporarily banned by the Jharkhand government in 2017. The ban followed criticism that the book portrayed Santhal women in a negative light. The decision drew widespread condemnation from writers and free speech advocates. The ban was lifted four months later after a review by the state government. In November 2022, the Manipur government banned The Complexity Called Manipur: Roots, Perceptions and Reality, written by the late Brigadier Sushil Kumar Sharma. The book, based on Sharma's PhD thesis, claimed that the princely state of Manipur covered only the valley region at the time of its merger with India. The implication that the surrounding hill areas were not part of the state was seen as factually incorrect and potentially inflammatory. The state government cited risks to communal harmony and national security, saying that the book contradicted official records, including the 1950 White Paper on Indian States. The order directed that all copies be forfeited and prohibited further circulation. Following the controversy, the government announced that future books on Manipur's history and culture would require clearance from a state-appointed review committee.
Indian Express
4 days ago
- Politics
- Indian Express
Arundhati Roy to Noorani, J&K Home Dept bans publication of 25 books on Kashmir: ‘Propagating secessionism'
The Jammu & Kashmir Home Department has banned the publication of 25 books on Kashmir, including by authors such as Arundhati Roy and A G Noorani, saying they propagate 'secessionism'. A notification issued by the Principal Secretary of the Home Department, Chandraker Bharti, by order of Lieutenant-Governor Manoj Sinha, said: '…it has come to the notice of the Government, that certain literature propagates false narrative and secessionism in Jammu and Kashmir… This literature would deeply impact the psyche of youth by promoting (a) culture of grievance, victimhood and terrorist heroism.' 'Some of the means by which this literature has contributed to the radicalization of youth in J&K include distortion of historical facts, glorification of terrorists, vilification of security forces, religious radicalization, promotion of alienation, pathway to violence and terrorism etc,' said the notification. It identified 25 books 'found to excite secessionism and endangering sovereignty and integrity of India, thereby, attracting the provisions of Sections 152, 196 & 197 of Bhartiya Nyaya Sanhita 2023'. The books include political commentaries and historical accounts such as The Kashmir Dispute 1947-2012 by noted constitutional expert Noorani, Kashmir at the Crossroads and Contested Lands by Sumantra Bose, In Search of a Future: The Kashmir Story by David Devadas, Roy's Azadi and A Dismantled State: The Untold Story of Kashmir After Article 370 by journalist Anuradha Bhasin. According to the notification, the government has declared that publication of these books and their copies or other documents 'need to be declared as 'forfeited' in terms of Section 98 of Bhartiya Nagarik Suraksha Sanhita 2023'. The international books that were banned include Kashmiri-American author Hafsa Kanjwal's Colonizing Kashmir: State-building Under Indian occupation, Haley Duschinski's Resisting Occupation in Kashmir, Victoria Schofield's Kashmir in Conflict and Christopher Snedden's Independent Kashmir. Seema Kazi's Between Democracy & Nation: Gender and Militarisation in Kashmir, Essar Batool's Do you Remember Kunan Poshpora? and Ather Zia's Resisting Disappearance: Military Occupation and Women's Activism in Kashmir have been banned. The publication of Jamaat-e-Islami founder Moulana Abul A'la Maududi Maududi's Al Jihad fil Islam and Muslim Brotherhood founder Hasan al-Banna's Mujahid ki Azan are among the banned books. The other banned books include Law and Conflict Resolution in Kashmir by Piotr Balcerowicz and Agnieszka Kuszewska, USA and Kashmir by Dr Shamshad Shan and Tariki-i-Siyasat Kashmir by Dr Afaq. The complete list is below: 1. Human Rights Violations in Kashmir Piotr Balcerowicz and in Agnieszka Kuszewska Routledge (Manohar Publishers & Distributors) 2. Kashmiris Fight for Freedom Mohd Yosuf Saraf Feroze Sons Pakistan 3. Colonizing Kashmir: State-Building under Indian occupation Hafsa Kanjwal Stanford University Press 4. Kashmir Politics and Plebiscite Dr. Abdul Gockhami Jabbar Gulshan Books Kashmir 5. Do You Remember Kunan Poshpora? Essar Batool & others Zubaan Books 6. Mujahid ki Azan Imam Hasan Al-Bana Shaheed, edited by Maulan Mohammad Enayatullah Subhani Markazi Maktaba Islami Publishers Delhi 7. Al Jihadul fil Islam Moulana Moudadi Darul Musannifeen-Markazi Maktaba Islami Publishers Delhi 8. Independent Kashmir Christopher Snedden Manchester University Press and Sanctum Books Delhi 9. Resisting Occupation in Kashmir Haley Duschinski, Mona in Bhat, Ather Zia and Cynthia Mahmood University of Pennsylvania Press 10. Between Democracy & Nation: Gender and Militarisation in Kashmir Seema Kazi Oxford University Press 11. Contested Lands Sumantra Bose Harper Collins India 12. In Search of a Future: The Story of Kashmir David Devadas Viking Penguin 13. Kashmir in Conflict: India, Pakistan and the Unending War Victoria Schofield Bloomsbury India Academic 14. The Kashmir Dispute: 1947-2012 A G Noorani Tulika Books 15. Kashmir at the Crossroads: Inside a 21st-Century Conflict Sumantra Bose Pan Macmillian India 16. A Dismantled State: The Untold Story of Kashmir after Article 370 Anuradha Bhasin Harper Collins India 17. Resisting Disappearance: Military Occupation & Women's Activism in Kashmir Ather Zia Zubaan 18. Confronting Terrorism Edited by Maroof Raza Penguin India 19. Freedom in Captivity: Negotiations of belonging along Kashmiri Frontier Radhika Gupta Cambridge University Press 20. Kashmir: The Case for Freedom Tariq Ali, Hilal Bhatt, Angana P. Chatterji, Pankaj Mishra and Arundhati Roy Verso Books 21. Azadi Arundhati Roy Penguin India 22. USA and Kashmir Dr. Shamshad Shan Gulshan Books 23. Law & Conflict Resolution in Kashmir Piotr Balcerowicz and Agnieszka Kuszewska Routledge 24. Tarikh-i-Siyasat Kashmir Dr. Afaq Karwan-e-Tahqiq-o-Saqafat Kashmir 25. Kashmir & the future of South Asia Edited by Sugata Bose & Ayesha Jalal Routledge Bashaarat Masood is a Special Correspondent with The Indian Express. He has been covering Jammu and Kashmir, especially the conflict-ridden Kashmir valley, for two decades. Bashaarat joined The Indian Express after completing his Masters in Mass Communication and Journalism from the University in Kashmir. He has been writing on politics, conflict and development. Bashaarat was awarded with the Ramnath Goenka Excellence in Journalism Awards in 2012 for his stories on the Pathribal fake encounter. ... Read More
