Digital Silencing and Gendered Speech: Constitutional Limits of Online Censorship in India

Atrey I.; Ghai P.; Manrique J.I.T. · Gender Justice and Rights in the Digital Economy (2026) · DOI: 10.4018/979-8-3373-7107-8.ch011

Resumen

Digital platforms serve as key spaces for political participation and gendered expression in India. This paper examines how online censorship intersects with constitutional guarantees of free speech, equality, and dignity, focusing on its impact on feminist and LGBTQIA+ voices. It is grounded in Articles 14, 15, 19(1)(a), and 21. The study analyses the legal framework governing digital speech, including the Information Technology Act, 2000 and the 2021 Intermediary Guidelines. It highlights concerns of overbreadth, delegated censorship, and lack of transparency. It also evaluates key judicial decisions such as Shreya Singhal, Anuradha Bhasin, and Kaushal Kishor to assess proportionality, procedural safeguards, and the chilling effect.The research further shows how algorithmic moderation and platform governance may disproportionately restrict gendered expression and reproduce structural inequalities.cIt argues for a rights- based model of digital governance that aligns regulation with constitutional principles to ensure inclusive and equal participation in the digital public sphere.