India Today

A LAW FOR FRAGILE FEELING

The preamble of the Constitution declares India to be a sovereign, socialist, secular and democratic republic. One of the guiding principles of our democracy is the Fundamental Rights of citizens, including Freedom of Speech, that is enshrined in the Constitution. However, in recent years, this primary tenet of liberty and justice in our democratic structure has come under severe stress as India has been increasingly converting itself into a republic of fragile sentiments. And the excuse of hurt sentiments has been given an unchallenged legal sanction by a penal provision drafted by British colonial rulers—Section 295(A) of the Indian Penal Code (IPC), 1860.

The rampant use of this provision—often called the Indian version of blasphemy law—has made critics question the legitimacy of such a law in a liberal democracy. What is worse is the competitive spirit of political opponents to cry blasphemy, and interpreting the law to suit their narratives. Its use, or rather misuse,

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