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Why India Must Act Now to Criminalise Emergency ‘Denial’

The nation marked 50 years since one of the darkest nights in India’s democratic history—the declaration of Emergency on June 25, 1975.

Nitin Mahajan by Nitin Mahajan
26 June 2025
in Geopolitics
Emergency was imposed on June 25, 1975, by then Prime Minister Indira Gandhi.

Emergency was imposed on June 25, 1975, by then Prime Minister Indira Gandhi.

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The nation marked 50 years since one of the darkest nights in India’s democratic history, the declaration of Emergency on June 25, 1975. For 21 months, the world’s largest democracy was stripped of its freedoms, its Constitution trampled, and its people silenced. This day is now rightly observed as Samvidhan Hatya Diwas, the day the Constitution was murdered.

The Emergency in India was imposed on June 25, 1975, by then Prime Minister Indira Gandhi. Following a court verdict that invalidated her election to the Lok Sabha over charges of electoral malpractice, she declared a nationwide state of emergency citing threats to national security and public order. This 21-month period saw the suspension of fundamental rights, censorship of the press, and mass arrests of political opponents.

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And yet, five decades later, we are witnessing something equally dangerous: a growing trend of Emergency denial, distortion, and whitewashing. That is why the time has come for the Narendra Modi government to take a bold step—to legally prohibit the denial or misrepresentation of the Emergency, much like how several countries in Europe criminalise Holocaust denial.

The Emergency: A National Wound, Not a Political Dispute

On the midnight of June 25, 1975, the then Prime Minister Indira Gandhi imposed an internal Emergency, citing vague threats to national security. In reality, the trigger was the Allahabad High Court’s ruling invalidating her election. What followed was unprecedented:

Over 1,00,000 political opponents were jailed without trial.

Censorship wiped headlines from newspapers.

Forced sterilisation drives affected thousands, particularly the poor.

Fundamental rights were suspended; courts were muzzled.

This was not a mere political crisis—it was a deliberate dismantling of democracy.

Denial Is Dangerous and It’s Happening Now

Shockingly, efforts to rewrite this history are on the rise. On the 50th anniversary of the Emergency, Congress President Mallikarjun Kharge accused the Modi government of enforcing an “undeclared emergency” over the past decade. Kharge argued that these actions have weakened India’s democratic institutions and the Constitution, while conveniently forgetting that it was Congress PM Indira Gandhi who has indulged in the murder of democracy.

Moreover , Trinamool Congress MP Sagarika Ghose tried to link the Emergency to the Rashtriya Swayamsewak Sangh, suggesting it had ideological influence over the events of 1975. This is completely false.

In fact, the RSS was banned during the Emergency and its members were among those imprisoned for standing against authoritarianism. To falsely accuse the victims of being responsible for the crime is not only irresponsible—it is dangerous.

When public figures spread such misinformation, they insult the memory of those who fought for India’s democracy and endured real suffering.

Why Legal Action Is Necessary

Countries like Germany, France, and Austria have made it a criminal offence to deny the Holocaust. Their reasoning is clear: some events are so central to a nation’s identity and morality that denying them is an attack on truth itself.

India needs a similar law, an Emergency Denial Law, that would:

Make it a punishable offence to deny, justify, or glorify the Emergency’s abuses.

Penalise those who spread false narratives, especially in public or digital platforms.

Preserve the historical truth through an official commission that documents testimonies, records, and evidence of the Emergency period.

This isn’t about punishing opinion. It’s about protecting historical truth from being twisted for political gain.

Not Just the Past, But a Warning for the Future

India has faced invasions, colonisation, and the brutality of Islamist and imperialist regimes. But the Emergency was different: it was an attack from within, by a democratically elected government against its own Constitution.

If we allow that chapter to be distorted or erased, we set a dangerous precedent—that such authoritarianism can return, and history can be conveniently rewritten.

By criminalising Emergency denial, India will send a powerful message that will never again allow such a dark chapter in its democracy.

Tags: Criminalise Emergency DenialHolocaustHolocaust denialIndiaIndira GandhiKhargeNarendra ModiSagarika Ghosh
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