Indian Authorities Unable to Locate Official Ban Order for Rushdie’s “The Satanic Verses”

The legality of importing Sir Salman Rushdie’s novel, *The Satanic Verses*, into India has become a point of contention for legal experts. This uncertainty arose after the Delhi High Court indicated this week that the 1988 notification prohibiting the book’s import might no longer be valid, primarily because government agencies have been unable to find the original document. *The Satanic Verses*, which drew criticism from some Muslims who deemed it blasphemous, was banned in India soon after its publication, leading to global protests. In 1989, Iran’s Ayatollah Khomeini issued a fatwa, calling for Rushdie’s assassination. This compelled the Indian-born, Booker Prize-winning author to live in hiding for nearly a decade. While the book officially remains prohibited in India, some legal professionals now suggest it could be imported unless the government formally reinstates the ban. Others, however, caution that practical difficulties might still exist. The prohibition on the book came under scrutiny when Sandipan Khan, a resident of West Bengal state, attempted to purchase it only to discover it was neither published in India nor permitted for import. In 2017, he submitted a Right to Information (RTI) request for the official notification banning the book’s import but was directed through numerous departments without success. Khan then escalated the matter to the Delhi High Court in 2019, contending that the ban infringed upon his freedom to read. Over a period exceeding five years, government departments consistently failed to produce the notification, despite customs records existing for similar bans dating back to 1968. Consequently, on 5 November, the court stated it had no alternative but to “presume” that no such ban notification exists, thus preventing it from assessing its validity. This situation raises a complex legal question: can a notification be considered valid if no physical copy of it can be found? The immediate answer remains unclear. The court has not specified whether the book can now be accessed in India but advised Mr. Khan to explore all available legal avenues to obtain it. Uddyam Mukherjee, Mr. Khan’s lawyer, informed the BBC that even federal departments could not provide a definitive answer when questioned by the court. Madan Lokur, a former Supreme Court judge, remarked, “I have never come across a situation like this.” He added that if the notification is not located, then “technically no ban exists,” and the book could be imported. Nevertheless, Mr. Lokur also noted that “the government may pass a fresh notification [banning the book’s import],” given that the court did not declare the original ban unconstitutional, but merely presumed the notification’s non-existence. Mr. Mukherjee asserted that the book could now be imported “as there is no legal impediment” against it. However, this view is not universally shared among legal experts. Raju Ramachandran, a senior lawyer, described this suggestion as a “little extreme.” He clarified, “All that the high court says is that this particular petition has become infructuous [invalid] since the notification could not be found,” adding, “It has not given the right to the petitioner to import the book.” Senior lawyer Sanjay Hegde pointed out that the book could have been published in India if “someone was brave enough to print it,” as only its import was banned, not its publication. He concluded, “But after all the brouhaha, nobody wanted to print it in India.” In 2012, the Rajasthan state government sought the arrest of four Indian authors—Hari Kunzru, Ruchir Joshi, Amitava Kumar, and Jeet Thayil—after they downloaded and read excerpts from *The Satanic Verses* at a literary festival in the city. At that time, many legal experts believed that downloading a book whose import was banned should not be considered a crime. Despite this, online versions of the book have been difficult to find in India. Rushdie, now 76, continues to face threats due to his outspoken opinions on Islam. In 2022, he sustained severe injuries, losing an eye and spending six weeks in hospital, after being stabbed up to 10 times on stage during an event in New York state. The alleged assailant, Hadi Matar, faces charges of attempted murder. In his recent memoir, the author criticized the reaction to his book, observing that “no properly authorised body [in India] had reviewed the book, nor was there any semblance of a judicial process.”