The Bombay High Court has held that criticism or even crude abuse directed at a socio-political figure cannot be treated as an insult to religion. The court made this observation while quashing a First
Information Report (FIR) filed against a man for allegedly hurling abuses at Maratha quota activist Manoj Jarange-Patil.
The case was heard by a division bench of Justices Vibha Kankanwadi and Hiten Venegavkar at the Aurangabad bench of the High Court.
The FIR, lodged on December 2023, accused the man of insulting religious sentiments under Section 295A of the Indian Penal Code (IPC). However, the judges ruled that the complaint did not indicate any attempt to insult religion or religious beliefs, LiveLaw reported
“The socio political figure may be admired or followed by several persons but criticism or even crude abuses directed upon such figure, however disrespectful or derogatory it may not by its translate into an insult to a religion,” the bench said in the judgement.
The court added that a person may represent a religion in some way, but that does not mean they become a religion themselves. “A person may represent a religion in certain ways but he/she does not become ‘religion’ by such representation.”
The judges further clarified that Section 295A protects religion as a system of belief or worship, but does not extend that protection to “leaders of a caste, community of any movement”.
According to the FIR, the incident took place at a local bar and restaurant, where the accused, allegedly under the influence of alcohol, used foul language against Jarange.
The judges said the FIR only alleged crude abuse and made no mention of any religious insult, nor did it show any deliberate or malicious attempt to outrage religious feelings.
“The phrase ‘religious feelings’ cannot draw similarity with wounded pride or political sentiments,” the court said, adding that leaders, even if widely respected, are not beyond criticism.
