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.
“Decoding crime, defending dignity, shaping justice.” Prof. Bibha Tripathi, Faculty of Law, Banaras Hindu University (BHU), is the first woman Professor in the 100-year history of the BHU Law School. With more than 25 years of teaching experience in the Law of Crimes, Criminology, Penology and Victimology, she has authored three books, published nearly 100 articles in peer-reviewed UGC CARE-listed journals, and writes regularly for dailies including Jansatta, Dainik Jagran, Aj, Gandeev, Navbharat Times and The Emerging World. Her work on Convict Criminology has been recognised by Jeffrey Ian Ross, and her work on Feminist Criminology and Victim Precipitation Theory is cited worldwide, including on Wikipedia. She has received the President of India Dr. Shankar Dayal Sharma Gold Medal, the Bharat Jyoti Award and the Distinguished Alumna Award (MMV, BHU). She is an Executive Council member of RPNLU Prayagraj, a Member of the School Board, School of Legal Studies, Central University of Punjab, and has served on the Academic Council of DSNLU Visakhapatnam and on numerous BHU and IIT (BHU) committees, including as Chairperson of the Standing Committee on Disciplinary Action against Students (13 January to 5 October 2026). Recognised nationally and internationally for her work on legal reforms, gender justice and social change, she was recently given the Nari Shakti Award under Mission Shakti 5.0 by the Police Commissioner, Varanasi. Google Scholar · BHU faculty profile
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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