Common use of Research Questions Clause in Contracts

Research Questions. The demand for censoring or banning a publication with a religious subject can be based on different grounds: feeling of offense, hate, vilification, discrimination, or threat experienced by individuals belonging to the target religious groups, or the feeling of any disruption or interruption in the enjoyment of the constitutionally guaranteed freedom of religion; it can also occur when government on its own decides to prohibit certain types of speech on the pretext that such speech may hurt sentiments and pose a threat to public order (tools like censorship of books, banning of books under Customs Act etc.). In such controversies it becomes the responsibility of the state to balance contradictory claims and at the same time to ensure that the fundamental rights of citizens are protected. Further, any such case is open to scrutiny by the judiciary, whereby a rational assessment of the executive’s action and its legality is undertaken. The response, both from government and the judiciary, is largely based on their interpretations of the provisions laid down under the Constitution, as well as other legal resources. As legal scholars have pointed out, the executive often takes the easy course by either banning the publication or arresting the accused writer/publisher, citing the threat of public disorder.18 As a result, it falls upon the judiciary to play the role of defender of the right to freedom of speech and expression.