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Ban of BBC's Delhi rape docu: Height of stupidity or important for due process? (or both?)

The government’s information and broadcasting ministry has issued a ban, while the police has filed an FIR and secured a court stay on the broadcast of a controversial BBC documentary about 2012 Delhi gang rape.

The FIR was filed under “IPC sections 505 (Statements conducing to public mischief), 504 (Intentional insult with intent to provoke breach of the peace) 505(1)(b) (With intent to cause, or which is likely to cause, fear or alarm to the public), 509 (Word, gesture or act intended to insult the modesty of a woman) and section 66A of the IT Act (Punishment for sending offensive messages through communication service) at the Economic Offences Wing (EOW) of Delhi Police”, according to the ET.

Legally India postcard writer Court Witness, who tweets at @courtwitness1, slams the government’s decision (via Twitter):

A few thoughts on the undeniably idiotic decision to “ban” the upcoming #IndiasDaughter documentary.

There is no evidence to suggest illegality in interviews, what is said has been said before and now it is “defamation of the nation”?

Appeal will not be affected materially by the statements of accused, trial is long over & it’s not contempt to merely write about a case.

Not seen the order or FIR allegedly filed by Delhi police but cannot fathom how the IPC can be twisted to make it an offence in this case.

The worst part of the ban, in my humble opinion, is that we are now focusing on government stupidity instead of the merits of the documentary, good or bad [and that] the government’s so afraid of conversation about shocking views that it’d rather let such views thrive in quiet than be countered publicly.

On a somewhat larger point: Ad hoc panic bans show India up again and again as a country with no concept of rule of law.

Yes, citizens demand it too often, governments cave in too often and no one’s any better off at the end of the day.

And if you’re worried about the “image of the nation” please realize that

a. countries are putting out travel advisories to travellers.b. This ban shows that we’re more worried about fixing the country’s image than actually doing anything about women’s safety.

Distribute tonnes of pepper spray, CCTV every square inch of India & have 10 times more police. Nothing changes until people’s minds change.

People’s minds only change when we can talk about the ideas that inform our world views and behaviour. Otherwise nothing will change.

On the flipside, lawyer Amba Salelkar, who works at the Inclusive Planet Centre for Disability and Policy, has argued in DNA that the government could have been justified for seeking a ban of the documentary under contempt of court laws, for potentially prejudicing the appeals process available to the convict.

There were significant due process considerations in allowing a convict, however guilty he appears to be, to give public interviews, she argued, although the ministry’s ban and government's position sidestepped that question completely.

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