JAMMU — A book banned by the Jammu and Kashmir government in 2024 for allegedly containing “anti-national” content had been freely available in Jammu University’s library since at least 2022, according to official records reviewed by The Indian Express. The discrepancy between the book’s long-standing presence in the university and the government’s subsequent prohibition has raised questions about the ban’s enforcement, intent, and the broader implications for academic freedom in the region.
The book, Kashmir: The Vajpayee Years by former Research and Analysis Wing (R&AW) officer A.S. Dulat and journalist Aditya Sinha, was one of two titles barred by the J&K administration in January 2024 under Section 18 of the Jammu and Kashmir Public Safety Act (PSA). The government order, issued by the Home Department, cited concerns that the books could “incite disaffection” and “disrupt public order.” It directed all educational institutions—including universities, colleges, and schools—to “immediately remove” the titles from circulation and prohibit their procurement or distribution. However, the order did not specify how compliance would be monitored or what penalties would apply for non-compliance.
What Happened
The Indian Express reported on Tuesday that Jammu University’s central library has held a copy of Kashmir: The Vajpayee Years since 2022, nearly two years before the government’s ban. The book was cataloged under subject headings such as “Kashmir—Politics and Government” and “India—Foreign Relations,” with no prior restrictions on student or faculty access. University officials confirmed the book’s availability but declined to comment on whether it had been withdrawn following the government’s order.
The second banned title, The Kashmir Dispute: 1947-2012 by constitutional expert A.G. Noorani, was not found in the university’s records. It remains unclear whether the book was ever part of the library’s collection or if it had been removed prior to the ban.
The J&K government has not responded to requests for clarification on why the book’s presence in Jammu University was not addressed before the ban, nor has it explained how it intends to enforce the prohibition across other institutions. The silence has fueled speculation about whether the ban was a preemptive measure rather than a response to an immediate threat.
Why It Matters
The case highlights several critical issues:
1. Enforcement Gaps and Selective Application
The fact that Kashmir: The Vajpayee Years remained accessible in Jammu University for two years before the ban suggests either a lack of coordination between state authorities and educational institutions or a selective application of the order. If the government’s concern was genuine—namely, that the book posed a risk to public order—its failure to act on the book’s prior availability undermines the credibility of the ban. Legal experts argue that such inconsistencies could weaken the government’s legal standing if the ban is challenged in court.
2. Academic Freedom vs. State Authority
The ban has reignited debates over the limits of state intervention in academic spaces. Universities are traditionally seen as bastions of critical inquiry, where controversial or dissenting viewpoints are engaged with rather than suppressed. The J&K government’s order, while legally binding, clashes with this principle, particularly in a region where historical and political narratives are deeply contested.
A constitutional law professor at Delhi University, who spoke on condition of anonymity, told The Indian Express: “A government cannot arbitrarily decide what students or scholars can read without transparent justification. If the concern is about content, the appropriate response is debate, not prohibition.” The professor added that such bans risk creating a “chilling effect” on academic research, particularly on sensitive topics like Kashmir.
3. Broader Pattern of Content Restrictions
The ban is not an isolated incident. Over the past decade, Jammu and Kashmir has seen multiple instances of state intervention in academic and literary spaces, often under the guise of maintaining “public order.” In 2016, the state government banned the screening of Haider, a Bollywood film based on Shakespeare’s Hamlet set in Kashmir, citing concerns over its portrayal of the region’s conflict. Similarly, in 2019, the administration restricted access to certain news websites and social media platforms following the abrogation of Article 370.
Critics argue that such measures are part of a broader strategy to control the narrative on Kashmir, particularly in the aftermath of the 2019 constitutional changes that revoked the region’s special status. The ban on Kashmir: The Vajpayee Years—a book co-authored by a former intelligence officer—adds another layer to this debate, as it suggests that even works by figures with close ties to the establishment are not immune to censorship.
Background and Context
Kashmir: The Vajpayee Years is a memoir-cum-analysis of India’s Kashmir policy during the tenure of former Prime Minister Atal Bihari Vajpayee (1998–2004). A.S. Dulat, the book’s co-author, served as the head of R&AW and later as an advisor on Kashmir to Vajpayee’s government. The book is often cited for its insider perspective on backchannel diplomacy and the complexities of the Kashmir conflict. While it has been praised for its candid insights, it has also faced criticism from some quarters for allegedly presenting a “soft” stance on separatist leaders.
The second banned book, The Kashmir Dispute: 1947-2012 by A.G. Noorani, is a comprehensive historical account of the Kashmir conflict. Noorani, a prominent constitutional expert and commentator, has been a vocal critic of India’s Kashmir policy, particularly the government’s handling of the region post-2019. His work is frequently cited in academic and policy circles but has also drawn scrutiny from nationalist groups who accuse him of “anti-India” bias.
The J&K government’s ban on these books was issued under Section 18 of the Public Safety Act (PSA), a law originally enacted in 1978 to prevent timber smuggling but later expanded to include provisions for detaining individuals deemed a threat to “public order.” While the PSA has been used extensively in Jammu and Kashmir—often to detain political activists, journalists, and separatist leaders—its application to books marks a relatively rare use of the law to restrict written material.
Competing Claims and Uncertainty
The government’s justification for the ban—that the books could “incite disaffection” and “disrupt public order”—has been met with skepticism. Critics argue that the order lacks specificity, failing to identify which passages or arguments in the books are deemed problematic. This vagueness has led to concerns that the ban is less about the content of the books and more about controlling the narrative on Kashmir.
1. Government’s Stance
The J&K administration has not publicly explained why these two books were targeted or how it determined that they posed a threat to public order. When asked for comment by The Indian Express, government officials did not respond. This silence has left key questions unanswered:
– Was the ban based on a review of the books’ content, or was it a preemptive measure?
– How does the government plan to monitor compliance across educational institutions?
– Will the ban extend to private bookstores, online retailers, or digital libraries?
2. Academic and Legal Pushback
Academics and free speech advocates have condemned the ban as an overreach of executive authority. The Delhi University professor quoted earlier described it as “a slippery slope,” warning that such measures could pave the way for broader censorship. “If the government can ban books on Kashmir today, what’s to stop it from banning books on other sensitive topics tomorrow?” the professor asked.
Legal experts have also questioned the use of the PSA to restrict books, arguing that the law was not designed for such purposes. The PSA is primarily a preventive detention law, and its application to written material could set a dangerous precedent. “Using the PSA to ban books is like using a sledgehammer to crack a nut,” said a senior advocate based in Srinagar, who requested anonymity. “It’s disproportionate and undermines the rule of law.”
3. Public and Political Reactions
Reactions to the ban have been divided along ideological lines. Supporters of the government’s decision argue that the books contain “biased” or “anti-national” narratives that could fuel separatist sentiments in Kashmir. Some nationalist groups have welcomed the ban, framing it as a necessary step to “protect the integrity of the nation.”
However, opposition parties and civil society groups have criticized the move as an attack on free expression. The Jammu and Kashmir National Conference (NC), a regional political party, issued a statement calling the ban “an assault on democratic values.” The party’s spokesperson said, “Banning books is not the solution to Kashmir’s problems. If the government is concerned about certain viewpoints, it should engage with them through dialogue, not censorship.”
What to Watch Next
Several developments could shape the outcome of this controversy:
1. Legal Challenges
The ban is likely to face legal scrutiny, particularly over its use of the PSA and the lack of transparency in its justification. If challenged in court, the government will need to demonstrate how the books pose a credible threat to public order—a high bar given their long-standing availability in academic institutions.
2. Enforcement and Compliance
The effectiveness of the ban will depend on how rigorously it is enforced. If Jammu University’s case is any indication, compliance may be uneven. Observers will be watching to see whether other institutions, including private bookstores and online platforms, adhere to the order.
3. Academic Response
Universities and academic bodies may push back against the ban, either by challenging it in court or by finding alternative ways to make the books accessible to students. Some institutions could argue that the ban violates their autonomy and the principles of academic freedom.
4. Broader Implications for Kashmir
The ban could have ripple effects beyond the two books in question. If the government continues to restrict access to literature on Kashmir, it may deter scholars and researchers from engaging with the topic, further limiting the scope of public discourse on the region’s complex history and politics.
Conclusion
The revelation that Kashmir: The Vajpayee Years was available in Jammu University for two years before the government’s ban raises serious questions about the ban’s purpose and effectiveness. If the goal was to prevent the dissemination of certain viewpoints, the failure to act on the book’s prior availability suggests a lack of coordination—or worse, a selective application of the law. At the same time, the ban underscores the growing tension between state authority and academic freedom in Jammu and Kashmir, a region where historical narratives are fiercely contested.
As legal challenges and debates over the ban unfold, the case serves as a reminder of the delicate balance between maintaining public order and preserving the right to access information. In a democracy, the answer to controversial ideas should not be prohibition but engagement—through debate, discussion, and critical inquiry. The J&K government’s decision to ban these books, rather than address their arguments, risks stifling the very discourse that could lead to a deeper understanding of Kashmir’s complex realities.
Story synopsis gathered from: [The Indian Express](https://indianexpress.com/article/india/jammu-university-books-barred-government-2022-10785498/) — source.
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Story synopsis gathered from: Indian Express – India — source.
