Page:Anuradha Bhasin vs Union of India and Ors.pdf/35

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where the integrity of the State has been challenged by secessionists. However, the traditional conceptions of warfare have undergone an immense change and now it has been replaced by a new term called 'war on terror'. This war, unlike the earlier ones, is not limited to territorial fights, rather, it transgresses into other forms affecting normal life. The fight against terror cannot be equated to a law and order situation as well.

In this light, we observe that this confusion of characterising terrorism as a war stricto sensu or a normal law and order situation has plagued the submission of the respondent Government and we need to carefully consider such submissions.

38. Before analysing the restrictions imposed on the freedom of speech and expression in the Indian context, we need to have a broad analysis of the state of affairs in the United States of America (hereinafter 'US') where freedom of expression under the First Amendment is treated to be very significant with the US being perceived to be one of the liberal constituencies with respect to free speech jurisprudence. However, we need to refer to the context and state of law in the US, before we can understand such an assertion.