·The Hindu·15 marks·250–350 words

"Book banning by vigilante groups reflects a failure of institutional and legal mechanisms to protect free expression." Discuss with reference to recent incidents in India.

In this answer
  1. Recent incidents: an extra-legal veto
  2. Why this signals institutional and legal failure
  3. But the failure is one of enforcement, not design

Article 19(1)(a) guarantees freedom of speech and expression, which the State may curtail only through a law imposing reasonable restrictions under Article 19(2) [2]. When a book instead disappears because an organised group threatens violence, the restriction is imposed by the street, not by law — a substitution that recent incidents make visible.

Recent incidents: an extra-legal veto

  • Ahmedabad (August 2026): a private school dropped I Am Malala and Anne Frank's diary from its compulsory reading list after pressure from the Bajrang Dal and VHP; citizens who assembled to read the books in protest were allegedly assaulted and the copies torn up [1].
  • The recurring pattern is pre-emptive withdrawal — schools and publishers retreat rather than defend a title, allowing a "heckler's veto" to settle what may be read [1].

Why this signals institutional and legal failure

  • A lawful ban has a defined route: forfeiture of a publication by State government notification under Section 98, BNSS 2023, reviewable by a High Court bench [3]. Vigilante action bypasses this entirely, escaping both reasoned justification and judicial scrutiny.
  • Policing gap: intimidation and assault around such incidents attract delayed registration and weak preventive action, keeping the cost of coercion low [1].
  • Doctrinal standard ignored: the Supreme Court in Shreya Singhal (2015) held that discussion or advocacy of even unpopular ideas is protected until it amounts to incitement [4]. Vigilante groups substitute a far lower threshold of "hurt sentiment".
  • Governance vacuum: the absence of a transparent grievance mechanism for objections to school reading lists leaves the field open to street pressure.

But the failure is one of enforcement, not design

  • Constitutional courts remain a robust check, having struck down vague speech restrictions [4], and civil society's public counter-reading in Ahmedabad showed resilience [1].

The mechanisms therefore exist; what fails is their timely, impartial application. Prompt FIRs, protection for targeted institutions, and a formal curriculum-grievance channel would restore the State's role as arbiter. Reading remains protected the moment the law, not the mob, decides.

Sources

  1. 1The Hindu — "The many ways to destroy a book" (Chennai edition, 10 September 2026)Ahmedabad school reading-list withdrawal, Bajrang Dal/VHP pressure, assault on the public reading, tearing of books
  2. 2The Constitution of India, Legislative DepartmentArticle 19(1)(a) and reasonable restrictions under Article 19(2)
  3. 3The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), India CodeSection 98: lawful forfeiture of publications by State notification, subject to High Court review
  4. 4Shreya Singhal v. Union of India, (2015) 5 SCR 963, Supreme Court of Indiaadvocacy protected until it reaches incitement; vague speech restrictions struck down

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