A limited notion of public sphere: Calcutta High Court restricts sociological debate

Abstract

Unresolved contempt-of-court proceedings, which have been kept pending since 2001, made impossible the international distribution of an Oxford University Press publication on public interest litigation in India. The intervention of the Calcutta High Court has thus stifled academic debate for almost seven years, which, in itself, raises questions concerning the freedoms of speech, press and academia. Originally, Oxford University Press published Hans Dembowski's book Taking the State to Court—Public Interest Litigation and the Public Sphere in early 2001. However, international distribution was discontinued that year, after the Calcutta High Court started contempt-of-court proceedings against the author and the publisher. No judgement was passed. The sociological study deals with several politically relevant matters, including urban planning, governance, the environment and, of course, the role of the judiciary. The irony of the matter is that Dembowski actually assessed the courts' actions in predominantly favourable terms, stressing that they have inspired hope in better governance by making it clear that government agencies are not above the law. Nonetheless, High Court justices in Kolkata were apparently unwilling to countenance the fact, also reported by the author, that their institution is haunted by corruption rumours.