Acting like a ‘Goonda’?: The Goondas Act

The Longest Constitution with Priya Mirza

Who is a goonda? And what’s the problem with the ‘goondas’ act - in place in many states in India? As we dig deeper into Article 19, we consider the fundamental right to movement. Article 19(1)(d) guarantees all citizens the right to move freely throughout the territory of India. And Article 19(1)(e) guarantees all citizens the right to reside and settle in any part of the territory of India. And yet, the goonda laws continue to give the local administration the power to extern people declared as ‘goondas’. This episode of The Longest Constitution looks at this act as well as examines the consequences of the Golaknath case (1967). We also look at India’s very own blasphemy law, Section 295A of the IPC, another example of a speech-prohibitive legal provision that shapes the freedom of expression.

On property:

• Wahi, Namrata, 2016, “Property”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).

On goondas:

• Burman, Anirudh, 2016, ‘Movement and Residence’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).

• https://www.outlookindia.com/website/story/goondagiri-of-the-goonda-act/291593

On Section 295A, IPC

• Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).

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