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Political advertising on private property: The Delhi High Court’s strange and disturbing judgment

Indian Constitutional Law and Philosophy

Yesterday, in Anil Bhatia vs NCT, a division bench of the Delhi High Court held that under the Delhi Prevention of Defacement of Property Act, the State may prohibit people from putting up political posters upon their private property, without the prior consent of municipal authorities. Insofar as the Court also clarified that the regulation of posters on private property must only be on content-neutral grounds, it is arguable that the case arrives at a correct outcome (for reasons which will be explained). Nonetheless, the judgment suffers from numerous conceptual confusions, which effectively continue and accelerate the creeping expansion of Article 19(2) (and correspondingly, the creeping evisceration of Article 19(1)(a), which has long been a staple feature of Indian free speech jurisprudence.

Section 3 of the Defacement Act penalises the defacement of property “in public view”. Defacement is defined as “marking with ink, chalk, paint or any other material”. Section…

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