Charging People U/S 295 IPC For Questioning Superstitions Violates Articles 14 & 19: Bombay HC
Mumbai : Aurangabad Bench of the Bombay High Court recently ruled that charging people under Section 295 (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Indian Penal Code merely for questioning superstition and traditional authority violates Articles 14 and 19 of the Constitution of India.
Making reference to the “Enlightenment Movement”, the Bench comprising Justice TV Nalawade and Justice Vibha Kankanwadi observed,“This Court further holds that allowing the trial of such issue as an offence will prevent the persons involved in the movement, which is started against superstition, from continuing the movement. As already observed above, it will be interference in the rights given to the persons living in India under Articles 14 and 19 of the Constitution of India.”
The Court was hearing a petition filed by Ashok Deshmukh and four of his Facebook friends, who were booked for insulting Hindu religion by comparing Lord Parshuram with the famous character ‘Parshya’ of Marathi blockbuster, Sairat. His friends were booked for liking and commenting on his post.
The Bench began by observing that while in the past, the atheists who expressed their thoughts were made to suffer by believers, who formed the majority, the “Enlightenment movement” soon picked up. This, it said, led to several remarkable social changes, such as abolition of Sati, in those times. It explained,
Then there was remarkable intellectual development and change in beliefs. A number of longstanding ideas and beliefs many of which were related to social life and religionwere overthrown. Due to the contact with West, intellectual class of our society interested in social changes started talking about social reforms. The social reformers got support within no time as the class, community feeling oppressed due to discrimination on the basis of Varnas and caste system wanted such social change.
Women were also subordinated and after the aforesaid movement, the women recognized the necessity of social change and they also started protesting the situation there were facing. Many prominent thinkers, social reformers of India of 19th and 20th century can be named as a philosophers produced by the enlightenment movement. Due to their efforts, many bad practices, customs like Sati were rooted out and it can be said that in India, it is the achievement of such social reformers.”
The Court observed that with the movement, the number of people who believed in science and rationality increased, leading to rejection of beliefs in traditional authority.
For instance, it noted that while several stories in Purans have emphasized on traditional authority of the topmost Varna, reformers believe that such stories were developed only to establish the traditional authority of Brahmanas.
The Court then asserted that the “right to fight against the traditional authority of aforesaid nature can be found in Article 14 of the Constitution of India”, and also relied on Article 19 of the Indian Constitution. It further opined that in cases like the one before it, it is the Court’s duty to ascertain the rights and the intention of the accused, observing,
“If the person, who has questioned rational behind the proposition or story due to which traditional authority was established and continued and the proposition, which amounts to superstition,is allowed to be prosecuted only for such questioning, that step will stop human development. That is why Courts need to be very cautious in the matters like present one. The Courts need to ascertain carefully whether such questioning can be prevented in the background of aforesaid thoughts and whether such prevention will be in public interest.”
The Court asserted that Section 295A of the Indian Penal Code needs to be interpreted with this observation in mind. It further emphasised on all people, whether atheists or believers, living peacefully in a democracy, observing, “We also need to keep in mind that political revolution, industrial revolution and urbanization have affected religiosity profoundly. There may be interest to some in religiosity, but many may not have such interest. Many may have religiosity, but many may not have such interest. Many may have religiosity, but their orientation may be critical. In a democracy, all such persons are required to live together and there is no other alternative to it.”
The Court went on to rule that the posts in question were not put up to insult any community or any caste, and set aside the FIR.
courtesy : livelaw.in
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“Full prepared..going to win,” Congress MP KC Venugopal ahead of Kerala polls
EC not functioning as a neutral institution: Venugopal
Congress MP K. C. Venugopal on Monday raised concerns over the election schedule announced by the Election Commission of India for the upcoming Kerala Assembly election, questioning the timing of the poll dates and alleging that the schedule leaves limited time for campaigning.
Speaking to news agency ANI in Delhi after the poll panel announced elections in five states and Union Territories, Venugopal said that the Congress and the United Democratic Front (UDF) are fully prepared for the elections and confident of victory. At the same time, he questioned the pattern of dates announced by the Election Commission.
“We are fully prepared, we are going to win the elections... You can see how the Election Commission has set the dates. The first phase of elections is on the 9th, nominations are due until the 23rd, scrutiny is on the 24th, nominations can be withdrawn until the 26th, and after that, there are 11 days for campaigning,” he said.
“As for Kerala, there is Easter and Good Friday in the first week...The Election Commission could have announced the dates earlier... The counting date is on May 4th, so what was the point of holding elections in Kerala so early? What is their intention behind holding elections on the same day in Kerala, Puducherry, and Assam?... We are confident that we will win, but the people of the country are seeing the biased attitude of the Election Commission...,” he added.
He further stated that his party was ready for elections irrespective of the dates announced by the poll body.
“We are going to win the election. India's strategy has been set up. And we are all ready for winning this election. But one thing as far as declaring election, even though they are giving only for five days, we are going to win the election. We have no problem,” he said.
Detailing the poll schedule while questioning the time available for campaigning, he stated, “but you can see the pattern of date which the election commission announced. Yesterday they declared election, and today they notified us. The first phase of election on April 9th, filing of nomination will be over on the 23rd of this month, 24th scrutiny, 26th withdrawal of nomination. After 26, four plus seven, 11 days campaign.”
“As far as Kerala is concerned, April first week is a holy week. The holiday week means, Good Friday is there. Nobody will do anything on Good Friday. Easter is the big festival. These festivals are natural, you have to see that. Among the 11 days, working days, two, three days will go for holidays. Then hardly seven, eight days for campaigning in this election for candidates,” the Congress MP questioned.
The Congress leader said the Election Commission could have announced the dates earlier if there was a need for an early election schedule.
Questioning the urgency behind placing Kerala in the first phase of polling, he added that the counting date is much later.
“Which is the date of counting? Fourth May. Then what is the urgency of putting Kerala in the first phase without giving sufficient time for candidates? And putting Kerala, Puducherry, Assam together, what is the intention behind that?” Venugopal questioned.
He also alleged that the Election Commission was not functioning as a neutral institution.
“The Election commission is completely losing that capacity as a neutral player. You can see 14 of our prime minister's programs over and on the 15th they announce the election, 16th notification comes,” he said.
Venugopal further stated that such tactics would not affect the Congress’ prospects in the election.
“They think that this type of techniques and tactics, because of these techniques and tactics, UDF is going to lose, and Congress is going to lose. This is their complete dream only. This is not going to happen. We are very much confident at any cost, whether they are not giving any time also, we are going to win the election,” he said.
“But the people of India are watching this. The tricks of the election commission. To restrict the campaign, people of India are watching. This I want to bring into the notice of the nation. That's all,” Venugopal said.
The Election Commission of India on Sunday announced the schedule for the Kerala Assembly election. Polling in the state will be held in a single phase on April 9 while the counting of votes is scheduled to take place on May 4.
