The Imbroglio of Contempt Laws in India
India is a country which is still grappling with the colonial inheritance of its laws, one of them is the Contempt of Court, particularly the criminal aspect of it. This article examines the ancient origins of contempt and its plausible incision in India and its present implications. The paradoxical approach by the judiciary in the application of contempt laws burgeoning from the perennial fears of losing its dignity and getting scandalized seems to be the cause of its continuance, posing a standing threat to free speech. We see judiciary sharing similar discomfort with free speech, though for different reasons, with the legislature and the governments. The endeavour of the article is not to cast aspersions on the motives of the judiciary but to erect a reflection showcasing contradictions in the laws, the patronizing reluctance of the courts in addressing them and the overall inessentiality of criminal contempt.
This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.