The ruling may have broader implications on the availability of the book within India and the legal complexities of bans based on religious sensitivities
Team Clarion
NEW DELHI — The Delhi High Court has declared that the notification banning the import of Salman Rushdie’s controversial novel The Satanic Verses cannot be located and, therefore, should be treated as “non-existent.” The decision opens the possibility for the book to be legally imported into India for the first time since it was initially banned in the late 1980s.
The ruling came in response to a petition filed by Sandipan Khan, who challenged the supposed ban on the import of The Satanic Verses. Khan’s legal team argued that there was no traceable notification under the Customs Act explicitly prohibiting the book’s import. During proceedings, the Central Board of Indirect Taxes and Customs (CBIC) acknowledged that it could not produce any record of the notification, which has long been assumed to restrict the book’s entry into India. Consequently, a bench of Justices Rekha Palli and Saurabh Banerjee concluded that there was no official basis to continue enforcing the ban.
The court stated, “In the light of the above circumstances, we have no other option but to hold that there is no such notification, and therefore, we cannot examine its validity and dismiss the writ petition.” The decision thereby grants Khan the right to take further legal action if necessary and effectively paves the way for the book’s legal importation into India.
Khan’s counsel underscored that the supposed ban on The Satanic Verses could not be verified, as no official record or notification was available on any government platform. The legal team presented a Right to Information (RTI) response from 2017, which confirmed the book’s banned status but could not provide the actual copy of the original notification. They also referenced a 2022 judgment by another bench that noted the authorities’ continued inability to locate the document.
This lack of documentation left the court unable to determine the ban’s validity, leading to Tuesday’s order that effectively nullifies the import restriction. With this ruling, Khan and others interested in importing the book can now proceed under Indian law, as there is no existing prohibition.
The Controversial Legacy
Published in 1988, The Satanic Verses sparked global outrage in parts of the Muslim World, with critics arguing that it portrayed Islam and the Prophet Muhammad (peace be upon him) disrespectfully. Following its release, several countries, including Pakistan, Saudi Arabia, and Egypt, imposed bans on the book. In India, it faced immediate backlash from Muslim organisations, leading to its assumed ban under the Customs Act.
In February 1989, Iran’s then-Supreme Leader, Ayatollah Ruhollah Khomeini, issued a fatwa calling for Rushdie’s death, branding the book as blasphemous. This led to years of threats and attempts on Rushdie’s life, and he lived in hiding under British protection for nearly a decade. In August 2022, Rushdie was brutally attacked by Hadi Matar while preparing to give a lecture in New York, resulting in the loss of one of his eyes.
The high court’s decision, although based on procedural grounds, reopens debates surrounding freedom of expression and censorship in India. While the ruling solely addresses the technicality of a missing notification, it may have broader implications on the availability of the book within India and the legal complexities of bans based on religious sensitivities.