Censorship in India

Overview of censorship in India

Censorship in India has taken various forms throughout its history. Although de jure the Constitution of India guarantees freedom of expression, de facto there are various restrictions on content, with an official view towards "maintaining communal and religious harmony", given the history of communal tension in the nation. According to the Information Technology Rules 2011, objectionable content includes anything that "threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order". In 2024, the annual Freedom in the World report by Freedom House gave India an overall score of 66 out of 100, corresponding to a status of "partially free", with a Civil Liberties rating of 33 out of 60 and a score of 2 out of 4 for the specific question "Are there free and independent media?". The analysis specifically noted that this did not include conditions in Indian Kashmir, which was analysed separately and scored a much lower overall score of 26 out of 100 (status "not free"), with a Civil Liberties rating of 20 out of 60. This represents a continued worsening of conditions over the recent years; in comparison, in 2017 India was given an overall score of 77 out of 100 (status "free"), and a score of 42 out of 60 for civil liberties. According to the World Press Freedom Index (WPFI), a global analysis published by Reporters Without Borders (RSF), India's press freedom ranking has dropped from 140 out of 179 countries in 2019, to 161 out of 180 countries in 2023, classifying press freedom in India as being in a "serious" situation.

Watching, listening or possessing pornographic materials is generally legal, however distribution of such materials is strictly banned. The Central Board of Film Certification allows release of certain films with sexual content (labelled A rated), which are to be shown only in restricted spaces and to be viewed only by people of age 18 and above. India's public television broadcaster, Doordarshan, has aired these films at late night time slots. Films, television shows and music videos are prone to scene cuts or even bans, however, if any literature is banned, it is not usually for pornographic reasons. Pornographic magazines are technically illegal, but many softcore Indian publications are available through many news vendors, who often stock them at the bottom of a stack of non pornographic magazines, and make them available on request. Most non Indian publications (including Playboy) are usually harder to find, whether soft core or hardcore. Mailing pornographic magazines in India from a country where they are legal is also illegal in India. In practice, the magazines are almost always confiscated by Customs and entered as evidence of law breaking and are punishable, which then undergoes detailed scrutiny.

The Official Secrets Act 1923 is used for the protection of official information, mainly related to national security.

The Indian press does not enjoy extensive freedom. In 2023, it was ranked 140 in the Press Freedom Index, published by Reporters Without Borders. In 1975, the Indira Gandhi government imposed censorship of press during The Emergency; the day after, the Bombay edition of The Times of India in its obituary column carried an entry that reads, "D. E. M O'Cracy beloved husband of T. Ruth, father of L. I. Bertie, brother of Faith, Hope and Justica expired on 26 June". It was removed at the end of emergency rule in March 1977. On 2 October 2016 (see: 2016 Kashmir unrest) the Srinagar based Kashmiri newspaper, Kashmir Reader was asked to stop production by the Former Jammu and Kashmir government. The ban order, issued by the Deputy Commissioner of Srinagar Farooq Ahmad Lone cited that the reason for this was that the newspaper contains "material and content which tends to incite acts of violence and disturb public peace and tranquility" The ban came after weeks of unrest in the Kashmir valley, following the killing of the commander of a terrorist group Hizbul Mujahideen (designated a terrorist group by India, the European Union and the United States) Burhan Wani. Journalists have decried this as a clampdown on freedom of expression and democracy in Kashmir, as a part of the massive media censorship of the unrest undertaken by the central government. Working journalists protested the ban by marching to the Directorate of Information and Public Relations while the Kashmir Editors Guild (KEG) held an emergency meeting in Srinagar, thereafter asking the government to revoke the ban immediately, and asking for the intervention of the Press Council of India. while criticising the government for shutting down a newspaper for opposing it. The journalists associated with the paper allege that, contrary to the claims of the J&K government, they had not been issued a notice or warning, and had been asked to stop production suddenly, which was only one manifestation of the wider media gag on Kashmir. Previously, the state government had banned newspapers for a few days in July, calling the move a "temporary measure to address an extraordinary situation",

In 1988, a "defamation bill" was introduced by Rajiv Gandhi, but it was later withdrawn due to strong opposition. The Supreme Court while delivering the judgement in Sportsworld case in 2014 held that "A picture of a nude/semi nude woman  cannot per se be called obscene". Publications that do not conform are seized by the authorities and issues can end up being destroyed.

Thrash metal band Slayer's 2006 album Christ Illusion was banned in India after Catholic churches in the country took offense to the artwork of the album and a few song titles and launched a protest against it. The album was taken off shelves and the remaining catalogue was burnt by EMI Music India.

In 1978, Kiran Nagarkar wrote the play Bedtime Story, based partly on the Mahābhārata. Its performance was partially banned for 17 years by conservative Hindu organizations and parties like Shiv Sena, Rashtriya Swayamsevak Sangh (RSS) and Hindu Mahasabha. In 1999, Maharashtra government banned the Marathi play Me Nathuram Godse Boltoy or I, Nathuram Godse, Am Speaking. The ban was challenged before the Bombay High Court, which rescinded it as exceeding government authority and illegal. In 2004, Eve Ensler's The Vagina Monologues was banned in Chennai. The play, however, has played successfully in many other parts of the country since 2003. A Hindi version of the play has been performing since 2007.

In 1961, it was criminalised in India to question the territorial integrity of frontiers of India in a manner which is, or is likely to be, prejudicial to the interests of the safety or security of India.