6.8.9.7 Banning of films and books

In India, there have been regular protests and violence over the publication of a book, cartoon or release of a movie which certain sections claim as to be offensive to them. They resort to violence, protests and shutdowns resulting in damage to life and property. As a result, governments often ban such expression of arts citing law and order problem. This directly surmounts to curbing the freedom of speech and expression of the artists and stifling the free speech in the country. In this context, SC in several judgments has held such bans to be illegal. It has opined that once an expert body has cleared the film, it is no excuse to say that there may be a law and order situation. It is for the government to see that law and order is maintained. In any democratic society there are bound to be divergent views. Merely because a small section of the society has a different view and choose to express their views by unlawful means can be no ground for such bans. It is the duty of the government to ensure law and order.