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Stifling Dissent – The Criminalization of Peaceful Expression in India (May 2016)

Stifling Dissent – The Criminalization of Peaceful Expression in India (May 2016)

27th May 2016

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Freedom of expression is protected under the Indian constitution and international treaties to which India is a party. Politicians, pundits, activists, and the general public engage in vigorous debate through newspapers, television, and the Internet, including social media. Successive governments have made commitments to protect freedom of expression.

“Our democracy will not sustain if we can’t guarantee freedom of speech and expression,” Prime Minister Narendra Modi said in June 2014, after a month in office. Indeed, free speech is so ingrained that Amartya Sen’s 2005 book, The Argumentative Indian, remains as relevant today as ever.

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Yet Indian governments at both the national and state level do not always share these values, passing laws and taking harsh actions to criminalize peaceful expression. The government uses draconian laws such as the sedition provisions of the penal code, the criminal defamation law, and laws dealing with hate speech to silence dissent. These laws are vaguely worded, overly broad, and prone to misuse, and have been repeatedly used for political purposes against critics at the national and state level.

Report by the Human Rights Watch

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