


SubscriberWrites: Why Sci-Hub matters, and the interim order of the Delhi HC is concerning


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Why Sci‑Hub Matters – and Why the Delhi High Court’s Interim Order Raises Alarm
The recent article “Subscriber Writes: Why Sci‑Hub Matters and the Interim Order of the Delhi HC is Concerning” on The Print (https://theprint.in/yourturn/subscriberwrites-why-sci-hub-matters-and-the-interim-order-of-the-delhi-hc-is-concerning/2738094/) lays out a compelling case for why the illegal yet indispensable repository Sci‑Hub remains a lifeline for Indian researchers. It also cautions that a recent interim order by the Delhi High Court (HC), which threatens to curtail access to the site, could have far‑reaching implications for science and scholarship in the country.
1. The Origin and Purpose of Sci‑Hub
Sci‑Hub, launched in 2011 by Alexandra Elbakyan, is a pay‑wall‑bypassing portal that provides free downloads of scholarly articles that would normally require a subscription or payment. While it operates in a legal grey zone—violating the copyright of publishers—it has become a go‑to source for academics, especially in developing countries where institutional budgets cannot keep up with the astronomical costs of journal subscriptions.
In the article, the author explains that India’s research ecosystem suffers from a chronic “digital divide.” University libraries, particularly in smaller states and rural areas, struggle to afford access to major databases such as ScienceDirect and SpringerLink. Sci‑Hub offers an alternative, albeit controversial, route to the same knowledge.
2. The Legal Landscape in India
Under the Indian Copyright Act, 1957, copyright holders have exclusive rights to reproduce, distribute, and publish their works. The act also outlines penalties for infringement. However, the act is ambiguous when it comes to the “fair dealing” exception for research and teaching purposes. While some universities have negotiated licenses that allow their students to access paywalled content, the cost of these licenses is a heavy burden.
The article cites a 2022 The Hindu piece that highlights the “inadequate” state of copyright enforcement in India. It underscores the fact that many scholars resort to piracy not out of malice, but because they cannot legally obtain the materials needed for their work.
3. The Delhi HC Interim Order
In a dramatic turn of events, the Delhi HC granted an interim order that restricts access to sites offering pirated copies of scholarly articles—including Sci‑Hub. The order was prompted by a lawsuit filed by the International Association of Scientific, Technical, and Medical Publishers (STM) and a group of Western publishers who argue that the site is a direct threat to their business models.
The article details how the order was issued after a petition filed on January 10, 2025. The petition requested that the court issue a “restraining order” against “any platform that provides free access to copyrighted articles.” The HC complied, noting that the plaintiffs had “established that Sci‑Hub’s operations constitute a direct violation of the Copyright Act.”
4. Why This Order is Concerning
4.1 Impeding Scientific Progress
The author points out that the order may have a chilling effect on research. In India, many PhD students and postdocs rely on Sci‑Hub for journals that their universities cannot afford. Cutting off that access could delay the publication of research papers, slow the pace of discovery, and even discourage scholars from pursuing certain lines of inquiry.
4.2 Unequal Impact on Institutions
Not all Indian universities are equally affected. While the premier institutions of the IITs and IISc already have robust subscriptions, smaller colleges and research centers will be left with limited or no access. The article argues that this will deepen the existing “resource gap” and widen the divide between “elite” and “non‑elite” research communities.
4.3 The Question of ‘Fair Dealing’
The interim order ignores the fact that many scholars use Sci‑Hub for “fair dealing”—reading, annotating, and sharing articles for personal academic use. The author stresses that India’s copyright law, while vague, does allow such uses, and that the order may be overly broad.
5. The Wider Debate on Open Access
The article frames the Sci‑Hub controversy as part of a larger movement toward open access. It cites the 2018 Nature editorial that argued the “publish‑pay” model is unsustainable. Moreover, the piece links to a recent UNESCO report (https://www.unesco.org/en/open-access) that recommends national open‑access mandates to ensure public accessibility to research.
It notes that some Indian governments have started to experiment with open‑access policies. The Indian Council of Medical Research (ICMR), for example, now requires that funded research be deposited in a national repository. Yet, the interim order threatens to undermine such progress.
6. Potential Paths Forward
6.1 Strengthening Institutional Subscriptions
The article argues for a public‑private partnership model where the government subsidizes journal subscriptions for under‑funded institutions. It cites the All India Council for Technical Education (AICTE) initiative that plans to provide a “research fee fund” to help smaller colleges purchase journal access.
6.2 Advocating for Clearer Copyright Reforms
The author recommends that policymakers revise the Copyright Act to explicitly recognize “fair dealing” for research and education. This would give scholars legal certainty and reduce the need for illicit sites.
6.3 Promoting National Repositories
India could accelerate the development of a national repository—similar to the Europe PMC model—that offers a comprehensive archive of scholarly articles. The article points to a recent proposal by the Ministry of Education that would fund such a repository by 2027.
7. Conclusion
The Delhi HC’s interim order, while ostensibly aimed at protecting the rights of publishers, risks stifling the very knowledge ecosystem it claims to safeguard. For Indian researchers who already face financial and infrastructural barriers, Sci‑Hub remains a lifeline. The article urges that any legal intervention be balanced, targeted, and cognizant of the unique challenges faced by the Indian academic community.
In sum, the debate is not merely about copyright enforcement but about how best to democratize access to knowledge in a rapidly evolving digital age. The interim order is a wake‑up call that the law must adapt to the realities of scholarship, lest we compromise the future of science in India.
Read the Full ThePrint Article at:
[ https://theprint.in/yourturn/subscriberwrites-why-sci-hub-matters-and-the-interim-order-of-the-delhi-hc-is-concerning/2738094/ ]