The Delhi High Court is questioning the relevance of a 1988 ban on Salman Rushdie's controversial book, 'The Satanic Verses', after the government failed to provide any documentation of the ban. This has stirred discussions about freedom of expression and legal ambiguities in India regarding the import of banned literature.
Legal Status of Rushdie's Book in India Remains Uncertain Amidst Missing Ban Notification
Legal Status of Rushdie's Book in India Remains Uncertain Amidst Missing Ban Notification
The 1988 ban on Salman Rushdie's 'The Satanic Verses' faces scrutiny in India as the Delhi High Court contemplates its validity due to a lack of documentation.
Salman Rushdie’s 'The Satanic Verses' has long been a contentious subject in India, where its import has been banned since 1988. However, recent developments in the Delhi High Court are leading to questions about the actual legality of this restriction. A lack of governmental documentation relating to the ban has prompted legal experts to challenge its existence, suggesting that the absence of a formal notification means the ban could essentially be rendered void.
The book, considered blasphemous by some Muslims, has been at the center of worldwide protests since its release, following a 1989 fatwa issued by Iran's Ayatollah Khomeini that called for Rushdie's assassination. For decades, these circumstances forced the acclaimed author into hiding, and despite the ban on its import, the book's status within India remains shrouded in complexity.
The latest discussions were sparked by Sandipan Khan, a West Bengal resident who sought to purchase the novel, only to be informed that it was unavailable for import or publication in India. His inquiries initiated a Right to Information (RTI) request in 2017, which revealed a frustrating journey through various government departments, none of which could produce the original ban notification. After years of pursuit, the Delhi High Court on November 5 suggested that since the government could not substantiate the ban, it could be presumed not to exist, but refrained from confirming whether the book could be legally imported.
The court's position has raised intriguing legal questions regarding the notion of a ban that cannot be verified. Legal counsel for Khan expressed frustration with the lack of clarity from federal departments, while former Supreme Court judge Madan Lokur emphasized that without documentation, no legal prohibition exists for importing the book. However, he noted a potential for the government to implement a new notification prohibiting importation.
Despite some claims that Rushdie’s work could theoretically be imported, other legal experts remain cautious. Senior lawyer Raju Ramachandran declared that while the case might lack a basis for continued prohibition, it does not automatically confer the right to import the book. The question of bravery needed for publishers to risk reprinting remains, as many have refrained from engaging with the text due to the historical backlash.
The environment remains charged, with Rushdie's safety still a priority after he suffered a brutal attack in 2022. His memoir has critically examined the response to 'The Satanic Verses', highlighting the absence of due process and review in India's treatment of the book. As the legal status evolves, discussions on freedom of expression and censorship remain at the forefront of literary discourse in India.
