The Bombay High Court has dismissed a complaint against singer Kailash Kher, which alleged that his song ‘Babam Bam’, dedicated to Lord Shiva, hurt religious sentiments.
Citing author A.G. Noorani, the court remarked that intolerance of dissent has been a long-standing issue in Indian society.
A division bench of Justices Bharati Danger and S.C. Chandak ruled that Kher had no deliberate or malicious intent to hurt religious sentiments. The song, according to the court, is nothing more than praise for Lord Shiva and his mighty attributes.
The court observed, “Every action which may be to the dislike of a class of people may not necessarily lead to outraging religious sentiments.”
The order, dated March 4, 2025, was made public on March 13, 2025.
Complaint & Allegations
The case was filed by Narinder Makkar in a Ludhiana court under Indian Penal Code (IPC) sections 295A and 298, which deal with outraging religious feelings with deliberate and malicious intent. Makkar, a Shiva worshipper, claimed that the song’s music video contained vulgar visuals of scantily dressed women and people kissing, which he believed hurt religious sentiments.
Court’s Reasoning & Verdict
The High Court quashed the complaint, stating that to attract IPC Section 295A, there must be a deliberate attempt to offend religious feelings. The court found no such intent in Kher’s performance.
The bench also stated that the only allegation was that Kher was dancing alongside scantily dressed women, which was perceived as vulgar by the complainant. However, the court clarified that this does not amount to a criminal offence.
Legal Background
Kher had moved the High Court in 2014 when the complaint was initially lodged in the Ludhiana court, Punjab. At that time, the court granted interim relief, ordering that no coercive action be taken against him.
His plea, filed through advocate Ashok Sarogi, argued that he was only the singer of the song, and the music video was choreographed by a different company under Sony Music Entertainment. Sarogi also pointed out that the video had been approved by the Central Board of Film Certification before its release.
With the High Court’s ruling, the case against Kher has now been dismissed, reinforcing the principle that artistic expression should not be censored without legitimate legal grounds.
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