Freedom of speech and a free and fair justice delivery system are two most important components of democracy, and striking a balance between them is a must for its smooth running. The law of contempt of courts in India has assumed immense social and political significance due to growing judicial tendency to gag and often to subjugate the demoratic aspirations and dissent. This book presents a critical assessment of the freedom of speech as enshrined in the Indian Constitution and encroachment on it by the proactive approach of judiciary through the instrument of the law of contempt of the court. Tracing the history of the contempt of court, it discusses at length the various aspects of democracy and freedom of speech, the status of contempt of court in various countries, the law of contempt and constitutional guarantees judicil accountability. It also tries to explore gender biases in the delivery of justice in the cases related to the contempt of court.
Introduction -- Democracy and Freedom of Speech • Types of Democracy• Forms of Democracy• Concept of Democracy at International Level• Essential Characteristics of Democracy • Freedom of Speech and Expression and Democracy• Democracy and the Rule of Law• The Role of Independent Judiciary in Democracy• Contempt of Court and Democracy -- Cross-Cultural Perspective • The History of Contempt of Court in England • Phillimore Committee• The History of Contempt of Court in America• The History of Contempt of Court in Canada• The Position of Contempt of Court in Australia• The Position of Contempt of Court in Sri Lanka• Contempt of Court in Civil Law System -- Contempt of Court: The History • Ancient Period • Medieval Period• British Period -- The Law of Contempt and Constitutional Guarantees • Freedom of Speech and Expression: The Reasonable Restriction• Constitution and the Judicial Prerogative-- Criminal Contempt: The Judicial Response • Judicial Approach on Punishment and Apology• Decisions of High Courts on Punishment and Apology• Decisions of Supreme Court on Punishment and Apology -- Contempt and Gender • Feminism • Patriarchy• Women’s Rights Movements• Suppression and Oppression by State Agencies -- Judicial Accountability • Meaning of Accountability• Forms of Accountability• Judicial Accountability in the United Kingdom• Judicial Accountability in the United States of America• Judicial Accountability in Canada• Judicial Accountability in Australia• Judicial Accountability in Sweden • Judicial Accountability in France• Judicial Accountability in Malaysia• Judicial Accountability in India -- Conclusion and Suggestions
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