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Critique Of Blasphemous Laws; Effect On Freedom Of Speech And Expression


Akansha Sethi


ABSTRACT


Since the dawn of time, profanity against things sacred, or sacrilege, has been punished with the most severe of punishments. This is also known as “Blasphemy”. In the Bible, Leviticus 24-16 says “Blasphemeth” the name of the Lord, he shall surely be put to death and all the congregation shall certainly stone him”. The Bible provided for the punishment of the blasphemy by death by stoning. In ancient Greece, the punishment for blasphemy was even provided in the Greek Penal Code, Article 198 which stated that anyone who publicly and maliciously blasphemes the name of the God shall be punished with imprisonment of two years. So, it is evident that the offense of blasphemy was considered a grave offense. In this research I talk about blasphemy in relation to criticism of the sacred based on logic and reason. Further, I have tried to explain the connection between blasphemy and freedom of speech and expression , and to what extent can the critique of anything sacred be considered as blasphemous and so blasphemous that it restricts a persons right to freedom of speech and expression. I have avoided the use of blasphemy in terms of utter disregard or defamation or sacred things or religion in general. Moreover, this research also aims to identify the role of blasphemous laws in the contemporary times and whether there is an actual need for them or not.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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