 bill no 254 of  2018 the freedom of literature bill, 2018 bydr shashi tharoor, mp a billfurther to amend certain enactments to guarantee and protect literary freedom in the countrybe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary chapter ii amendments to the indian penal code, 1860 (45 of 1860)| 15 of 1860                                                                                 ||---------------------------------------------------------------------------------------------|| section 292                                                                                || 1 section 292 of the indian penal code, 1860 (hereinafter referred to as the penal code)   || shall be omitted                                                                           || 5                                                                                           || amendment                                                                                   || of section 293                                                                             || 2 in section 293 of the penal code, for the words "under the age of twenty years any       || such obscene object as is referred to in the last preceding section", the words, "under the || age of eighteen years any obscene object" shall be substituted                             || 3 section 295a of the penal code shall be omitted                                         || omission of                                                                                 || section 295a                                                                               || 4 section 298 of the penal code shall be omitted                                          || omission of                                                                                 || section 298                                                                                || 10                                                                                          | chapter iii amendment to the code of criminal procedure, 1973 (2 of 1974)2 of 19746 for section 95 of the code of criminal procedure, 1973, (hereinafter referred to as the code of criminal procedure) the following section shall be substituted, namely:substitution of new sectionfor section 951545 of 1860"95 (1) the state government may, by notification, temporarily prohibit the publications, circulation or distribution of any document for a period of thirty days, on the grounds that it attracts provisions of section 124a or section 153a or section 153b of the indian penal code, 1860power to prohibit the publication and circulation of documents2045 of 1860(2) the state government may, within a period of fifteen days of an notification under sub-section (1), make an application to the high court to permanently prohibit the publication, circulation and distribution of the document, on the grounds that attracts provision under section 124a or section 153a or section 153b of the indian penal code, 1860"(3) in this section and in section 96,—(a) "document" includes any book, newspaper, painting, drawing, photograph, or other visible representation; and2525 of 1867(b) "newspaper" and "book" have the same meaning as in the press and registration of books act, 1867 (25 of 1867)"2 of 19747 for section 96 of the code of criminal procedure, 1973, the following section shall be substituted, namely:—substitution of new sectionfor section 9630"96 (1) the high court shall dispose off an application made under sub-section (2) of section 95 within three months from the date of filing of such applicationpower of the high court to determine the prohibition of documents(2) the high court may extend the temporary prohibition on the circulation and distribution of the document under sub-section (1) of section 95 till the determination of the application35(3) no court shall entertain any application to ban any document, except an application filed by the state government under sub-section (2) of section 95" chapter iv amendment to the customs act, 1962 (52 of 1962)52 of 1962a m e n d m e n t of section 118 in section 11 of the customs act, 1962, after sub-section (2), the following sub-section shall be inserted, namely:—40"(3) notwithstanding anything in the sub-sections (1) and (2), the import of any book shall not be prohibited by the central government, except on the ground that the circulation of the book is likely to cause a breach of public order, despite taking reasonable measures to prevent the same" chapter v amendment to the information technology act, 2000 (21 of 2000)21 of 200012 for section 67 of the information technology act, 2000, the following section shallbe substituted, namely:—5substitution of new sectionfor section 6710publishing of information which isobscene ine l e c t r o n i c form"67 whoever publishes child pornography or transmits in the electronic form any obscene material to a person without such person's consent, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten  years and also with fine which may extend to two lakh rupees" chapter vi 15 amendment to the indecent representation of women (prohibition) act, 1986 (60 of 1986)amendment of section 260 of 198613 in section 2 of the indecent representation of women (prohibition act, 1986, for sub-section (c) the following sub-section shall be substituted, namely:—20"(c) "indecent representation of women" means the derogatory depiction of women or any depiction or publication which encourages or justifies the abuse or suppression of women;" statement of objects and reasonsliterary freedom or the freedom to express through works of literature is an integral component of the freedom of speech and expression under article 19(1)(a) of the constitution of india authors must be guaranteed the freedom to express their work without fear of punitive action by the state or by sections of societythe spirit of questioning and dissent is essential for social, cultural and political reform and for the overall enhancement of a constitutional democracy the exceptions to the freedom of speech and expression must be strictly and narrowly defined the recognition of the importance of dissent and expression of opinions, which may be irreverent or even unpopular, by the law is essential to prevent the legal process from being used to suppress reform and progress of societyliterary freedom includes the right to criticize and question all bodies of thought, including ones based on religious belief and cultural traditions the state must recognize the right of an adult to consume literature of his or her choice, even if such works of literature are frowned upon by social norms the laws must preserve and deepen constitutional morality and must not act as a tool to enforce majoritarian moralitybanning works of literature is not congruent with the essence of democracy, and violates the right to information of individuals such powers must be exercised in exceptional situations, with sufficient judicial oversight to prevent censorship based on political expediency provisions in various enactments such as the indian penal code, code of criminal procedure customs act, young persons (harmful publications) act, information technology act and the indecent representation of women (prohibition) act, shall be omitted and amended, in order to ensure and guarantee literary freedom in indiahence this billnew delhi;shashi tharoornovember 19, 2018 annexure extract from the indian penal code, 1860 (45 of 1860)sale, etc, of obscene books, etc292 (1) for the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if the effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it](2) whoever—(a) sells, lets to hire, distributes, publicity exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or(e) offers or attempts to do any act which is an offence under this section, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees exception—this section does not extend to—(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure—(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or(ii) which is kept or used bona fide for religious purposes;(b) any representation sculptured, engraved, painted or otherwise represented on or in—(i) any ancient monument within the meaning of the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958), or(ii) any temple, or on any car used for conveyance of idols, or kept or used for any religious purposesale, etc, of obscene objects to young person293 whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees    295a whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of india, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with bothdeliberate and malicious act intended to outrage religious feelings of any class by insulting its religion or religious beliefs298 whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that persons or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both    uttering words, etc, with deliberate intent to wound religious feelings extract from the code of criminal procedure code, 1963 (2 of 1974)95 (1) where—(a) any newspaper, or book, or (b) any document power to declare certain publications forfeited and to issue searchwarrants for the samewherever printed, appears to the state government to contain any matter the publication of which is punishable under section 124a or section 153a or section 153b or section 292 or section 293 or section 295a of the indian penal code (45 of 1860), the state government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to government, and thereupon any police officer may seize the same wherever found in india and any magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue, or any such book or other document may be or may be reasonably suspected to be(2) in this section and in section 96,—(a) —newspaper and—book have the same meaning as in the press and registration of books act, 1867 (25 of 1867);(b) —document includes any painting, drawing or photograph, or other visible representation (3) no order passed or action taken under this section shall be called in question in any court otherwise than in accordance with the provisions of section 96application to high court to set asidedeclaration of forfeiture96 (1) any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the official gazette of such declaration, apply to the high court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 95(2) every such application shall, where the high court consists three or more judges, be heard and determined by a special bench of the high court composed of three judges and where the high court consists of less than three judges, such special bench shall be composed of all the judges of that high court(3) on the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made(4) the high court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 95, set aside the declaration of forfeiture(5) where there is a difference of opinion among the judges forming the special bench, the decision shall be in accordance with the opinion of the majority of those judges     extract from the customs act, 1962 (52 of 1962)power to prohibit importation or exportation or goods11 (1) if the central government is satisfied that it is necessary so to do for any of the purposes specified in sub-section (2), it may, by notification in the official gazette, prohibit either absolutely or subject to such conditions (to be fulfilled before or after clearance) as may be specified in the notification, the import or export of goods of any specified the import or export of goods description(2) the purposes referred to in-subsection (1) are the following:—(a) the maintenance of the security of india; (b) the maintenance of public order and standards of decency or morality; (c) the prevention of smuggling;(d) the prevention of shortage of goods of any description; (e) the conservation of foreign exchange and the safeguarding of balance of payments;(f) the prevention of injury to the economy of the country by the uncontrolled import or export of gold or silver;(g) the prevention of surplus of any agricultural product or the product of fisheries; (h) the maintenance of standards for the classification, grading or marketing of goods in international trade;(i) the establishment of any industry; (j) the prevention of serious injury to domestic production of goods of any description;(k) the protection of human, animal or plant life or health; (l) the protection of national treasures of artistic, historic or archaeological value;(m) the conservation of exhaustible natural resources; (n) the protection of patents, trademarks and coyprights; (o) the prevention of deceptive practices;(p) the carrying on of foreign trade in any goods by the state, or by a corporation owned or controlled by the state to the exclusion, complete or partial, of citizens of india(q) the fulfilment of obligations under the charter of the united nations for the maintenance of international peace and security;(r) the implementation of any treaty, agreement or convention with any country; (s) the compliance of imported goods with any laws which are applicable to similar goods produced or manufactured in india;(t) the prevention of dissemination of documents containing any matter which is likely to prejudicially affect friendly relations with any foreign state or is derogatory to national prestige;(u) the prevention of the contravention of any law for the time being in force;and(v) any other purpose conducive to the interests of the general public     extract from the information technology act, 2000(21 of 2000)    punishment for publishing or transmitting obscene material in electronic form67 whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees     extract from the indecent representation of women (prohibition) act, 1986 (60  of  1986)    2 in this act, unless the context otherwise requires,--definitions(a)     (c) "indecent representation of women" means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals;———— a billfurther to amend certain enactments to guarantee and to protect literary freedom in the country————(dr shashi tharoor, mp)mgipmrnd—2275ls(s3)—21122018