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Indian Court Upholds Ban On Book Critical of Islam

By Howard M. Friedman

In Bhasin v. State of Maharashtra, (Bombay High Ct., Jan. 6, 2010), India's High Court of Judicature at Bombay upheld a ban imposed by the State of Maharashtra on circulation of the book by R.V. Bhasin titled Islam ? A Concept of Political World Invasion By Muslims. The government acted under Sec. 95 of the state's Code of Criminal Procedure, 1973 which allows an order of forfeiture to be issued against any newspaper, book or document that promotes enmity or hatred against a group on religious grounds. In a 150-page opinion, the 3-judge court concluded:

The possibility of [the book] falling in the hands of an inflammable mob cannot be ruled out. The way this sensitive topic is handled by the author, it is likely to arouse the emotions or sensibilities of even strong minded people. We have held that criticism of Islam is permissible like criticism of any other religion and the book cannot be banned on that ground. But we have also held that the criticism of Islam is not academic. The author has gone on to pass insulting comments on Islam, Muslim community with particular reference to Indian Muslims. It is an aggravated form of criticism made with a malicious and deliberate intention to outrage the religious feelings of Muslims.

Reports today by DNA and Express News Service have additional details on the opinion.

Full post as published by Religion Clause on January 07, 2010 (boomark / email).