Background
The Allahabad High Court has refused to quash the FIR filed against Rashtriya Janata Dal (RJD) leader Priyanka Bharti for allegedly tearing pages of the Manusmriti during a public demonstration. The FIR was lodged under various sections of the Indian Penal Code (IPC), including those related to hurting religious sentiments and promoting enmity between different groups. Bharti, who was part of a protest, argued that her actions were a symbolic gesture against discrimination and sought legal relief by challenging the FIR.
Court’s Rationale
The court, after examining the case, stated that the allegations required a thorough investigation and could not be dismissed at the preliminary stage. It emphasized that freedom of speech and expression under Article 19(1)(a) of the Constitution is subject to reasonable restrictions, particularly when it concerns religious sentiments and public order. The bench noted that since the complaint prima facie indicated an offense, it was not appropriate for the court to interfere at this stage.
Existing Measures
In India, cases related to religious sentiments are governed by laws such as Sections 153A (promoting enmity between groups) and 295A (deliberate acts intended to outrage religious feelings) of the IPC. Courts have often taken a cautious approach in such matters, balancing the right to free expression with the need to maintain public harmony. Similar cases in the past have led to legal battles over the limits of political and ideological protests.
Conclusion
With this decision, the Allahabad High Court has affirmed the need for a proper legal process in handling cases involving religious sensitivities. While Bharti may still seek relief through legal proceedings, the ruling highlights the judiciary’s stance on allowing investigations to proceed when allegations of religious offense arise.