Not every act of `insults to religion' is an offence: Supreme Court
April 22, 2017Reiterating the protection of the fundamental right of freedom of speech and expression granted by the Constitution, the Supreme Court of India clarified that careless “insults” without any deliberate or malicious intent to outrage religious feelings should not be prosecuted as this would amount to misuse of law.
The bench passed an order on a plea by the former Indian cricket team captain MS Dhoni challenging proceedings against him for hurting religious sentiments for being portrayed on the cover of a business magazine in 2013 as “Lord Vishnu” with a caption “God of Big Deals”. Apex Court’s interpretation of Section 295A in this plea should protect public figures and individuals who have often been at the receiving end of cases filed by political activists, cause chasers and vengeful administrative authorities.
Concerned by the misuse of Section 295A of IPC, the Supreme Court limited the applicability of the penal provision to ‘deliberate and malicious intent of outraging the religious feelings’ rather than casual observations that are not driven by malicious intent.
Despite a 1957 judgment of the Supreme Court that Section 295A could not be slapped on a person for unintentionally hurting religious sentiments, the widespread misuse of the section, which provides up to three years' jail term, persuaded the bench to clarify yet again the width and ambit of the impugned section.
Many Bollywood actors and public figures have had to face criminal proceedings under this section of the IPC. In 2016, stand-up comedian Kiku Sharda was arrested for allegedly mimicking Dera Sacha Sauda chief Gurmeet Ram Rahim Singh on his show. In 2014, Bollywood actor Salman Khan was accused of insulting Muslim sentiments when a model walked the ramp with an Arabic word inscribed on her T-shirt at a fashion show organised by his NGO, Being Human. In 2012, a case was filed against Shah Rukh Khan and his wife over a song, "Radha on the dance floor", in the film 'Student of The Year', which was co-produced by him.
The bench passed an order on a plea by the former Indian cricket team captain MS Dhoni challenging proceedings against him for hurting religious sentiments for being portrayed on the cover of a business magazine in 2013 as “Lord Vishnu” with a caption “God of Big Deals”. Apex Court’s interpretation of Section 295A in this plea should protect public figures and individuals who have often been at the receiving end of cases filed by political activists, cause chasers and vengeful administrative authorities.
Concerned by the misuse of Section 295A of IPC, the Supreme Court limited the applicability of the penal provision to ‘deliberate and malicious intent of outraging the religious feelings’ rather than casual observations that are not driven by malicious intent.
Despite a 1957 judgment of the Supreme Court that Section 295A could not be slapped on a person for unintentionally hurting religious sentiments, the widespread misuse of the section, which provides up to three years' jail term, persuaded the bench to clarify yet again the width and ambit of the impugned section.
Many Bollywood actors and public figures have had to face criminal proceedings under this section of the IPC. In 2016, stand-up comedian Kiku Sharda was arrested for allegedly mimicking Dera Sacha Sauda chief Gurmeet Ram Rahim Singh on his show. In 2014, Bollywood actor Salman Khan was accused of insulting Muslim sentiments when a model walked the ramp with an Arabic word inscribed on her T-shirt at a fashion show organised by his NGO, Being Human. In 2012, a case was filed against Shah Rukh Khan and his wife over a song, "Radha on the dance floor", in the film 'Student of The Year', which was co-produced by him.
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