Is Rushdie's 'Satanic Verses' banned in India? Officials can't find the order

The Delhi High Court has disposed of a petition challenging the 1988 ban on importing ‘The Satanic Verses’, the controversial novel by British-Indian author Salman Rushdie. The ruling comes after repeated unsuccessful attempts by authorities to produce the original notification allegedly issued by customs officials that restricted the book’s entry into India, reported Live Law.

 

A division bench of the Delhi High Court, comprising Justice Rekha Palli and Justice Saurabh Banerjee, observed that the Central Board of Indirect Taxes and Customs, along with other concerned authorities, had been unable to locate or furnish a copy of the notification, even though the petition was filed as far back as 2019.

 

 

“In light of the aforesaid circumstances, we have no other option except to presume that no such notification exists, and therefore, we cannot examine the validity thereof and dispose of the writ petition as infructuous,” noted the Delhi High Court.

 

The petition, brought by Sandipan Khan, contested the validity of the alleged 1988 notification under the Customs Act, 1962, seeking permission to import the novel. Khan’s counsel pointed out that the notification was not accessible on any government website, nor was it available in any official records, making it impossible to verify.

 

In support of Khan’s case, his legal team presented a reply from a 2017 Right to Information application indicating the book’s banned status, but with no evidence of the actual notification. They also referred to a 2022 order from another bench acknowledging that the authorities had failed to trace the document.

 

During proceedings, the bench further noted that even the “purported author” of the notification had “shown his helplessness” in producing a copy, leaving the court to conclude that it might never have existed. This outcome allows Khan the legal avenue to pursue the import of ‘The Satanic Verses’ through online or international sellers, pending any new governmental action. 

What is ‘The Satanic Verses’?

 

Released in 1988, ‘The Satanic Verses’ by Salman Rushdie became one of the most controversial books of the 20th century. A blend of magical realism and commentary on faith, identity, and cultural displacement, the novel sparked outrage among many Muslims for its portrayal of the Prophet Muhammad and other elements of Islamic history. The novel references an episode, often contested by Islamic scholars, where the Prophet is depicted as having momentarily acknowledged certain pagan deities.

 

Reasons for the ban of ‘The Satanic Verses’

 

The novel’s release prompted backlash globally, leading several countries to ban it, including:

- India: In 1988, the Indian government under Prime Minister Rajiv Gandhi was the first to ban the book, citing concerns about communal harmony.

- Pakistan, Saudi Arabia, Egypt, and others: These nations followed with similar restrictions, citing religious sensitivities.

 

Fatwa against Salman Rushdie 

 

On February 14, 1989, the late Ayatollah Ruhollah Khomeini, the former Supreme Leader of Iran, issued a fatwa (a legal ruling in Islamic jurisprudence) calling for Rushdie’s death, marking an escalation in the response to a literary work. 

 

The ruling declared ‘The Satanic Verses’ blasphemous, prompting widespread protests, some violent, and igniting a global debate over freedom of speech versus religious respect.

 

Rushdie spent nearly a decade in hiding with protection from British authorities, a direct consequence of the continuing threat to his life.

 

Attack on Rushdie in 2022

 

Salman Rushdie has faced numerous threats to his life since the fatwa was issued. He was attacked in August 2022, while preparing to deliver a lecture in New York. The motivations for the attack are linked to the longstanding fatwa and continued resentment among certain individuals and groups against him for perceived blasphemy.

 

The attacker, Hadi Matar, was reportedly influenced by religious extremism and was sympathetic to the fatwa issued by Khomeini. Rushdie suffered severe injuries, including the loss of vision in one eye and damage to his hand.