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Anuradha Bhasin v. Union of India Case

The Supreme Court case of Anuradha Bhasin v. Union of India challenged internet and movement restrictions imposed in Jammu and Kashmir after its special constitutional status was revoked. The petitioner, Anuradha Bhasin, editor of the Kashmir Times, argued the restrictions violated freedom of speech and press rights by preventing publication. While the government argued the restrictions prevented terrorism, the Court held freedom of press is a fundamental right, and any restrictions must be proportionate and justified by a compelling state interest.

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67 views5 pages

Anuradha Bhasin v. Union of India Case

The Supreme Court case of Anuradha Bhasin v. Union of India challenged internet and movement restrictions imposed in Jammu and Kashmir after its special constitutional status was revoked. The petitioner, Anuradha Bhasin, editor of the Kashmir Times, argued the restrictions violated freedom of speech and press rights by preventing publication. While the government argued the restrictions prevented terrorism, the Court held freedom of press is a fundamental right, and any restrictions must be proportionate and justified by a compelling state interest.

Uploaded by

maryam ziya
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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ANURADHA

BHASIN V. UNION
OF INDIA
By Sayyeda Maryam Ziya
Overview
On August 5, 2019, the Indian Government issued Constitution (Application to
Jammu and Kashmir) Order, 2019, which stripped Jammu and Kashmir of its
special status that it had enjoyed since 1954 and made it fully subservient to all
provisions of the Constitution of India.

Under Article 370 of the Indian Constitution, the territory enjoyed special
status, had its own Constitution and Indian citizens from other states were not
allowed to purchase land or property there.

The internet shutdown and movement restrictions (hereafter “restrictions”)


limited the ability of journalists to travel and to publish and accordingly were
challenged in court for their violations of Article 19 of India’s Constitution
which guarantees the right to freedom of expression.
The Case:
■ The petition was brought by Ms. Anuradha Bhasin,
the editor of the Kashmir Times Srinagar Edition.
She argued the internet is essential for the modern
press and that by shutting it down, the authorities
forced the print media to come to “a grinding halt.”
Because of this she had been unable to publish her
newspaper since August 6, 2019. She also argued
that the government failed to consider whether
the internet shutdown was reasonable and
proportionate to the aims it pursued. She argued
that the restrictions were passed in the belief that
there would be “a danger to law and order.
However, public order is not the same as law and
order and neither were at risk when the order
was passed.”
Contrary view
■ the Attorney General argued
that the restrictions were a
measure to prevent terrorist
acts and were justified
considering the history of
cross border terrorism and
internal militancy that had
long plagued the State of
Jammu and Kashmir
Conclusion

■ The Supreme Court held that the right to freedom of


speech and expression, including the freedom of the
press, is a fundamental right guaranteed under the
Indian Constitution.
■ The court also held that any restrictions on the
freedom of the press must be justified by a compelling
state interest and be proportional to that interest.
■ The court emphasized the importance of the free flow
of information and the role of the press in informing
the public and facilitating the exercise of democratic
rights.

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