The Allahabad High Court, refusing to quash a charge sheet filed against a man for mocking a Hindu deity on social media, emphasized that freedom of speech is not absolute.
The Judge
Justice Prashant Kumar dismissed Owais Khan’s petition challenging the charge sheet. Khan had mocked Lord Shiva in a social media post.
The court asserted that such acts not only cause emotional distress but also undermine the foundational values of the country’s democratic society. It stressed the judiciary’s duty to send a clear message that such conduct will not be tolerated and will be met with appropriate legal consequences.
The Court remarked..
“In a democratic society, such as ours, where freedom of speech is held in high regard, it is imperative to understand that this freedom is not absolute. It comes with responsibilities, foremost among them being the obligation to respect the sentiments and beliefs of others. The misuse of freedom of speech to denigrate or insult religious beliefs undermines the very fabric of constitutionalism and fundamental human belief upon which our society is built,” said the court.
The court highlighted that the principle of secularism, enshrined in the Constitution, underscores the importance of fostering an environment of mutual understanding and acceptance among individuals holding diverse beliefs and identities. It emphasized that the secular fabric of the nation demands individuals to exercise restraint and refrain from actions that may cause harm or offense to any religious community.
“In a society that values religious pluralism and mutual respect, it is incumbent upon individuals to exercise prudence and refrain from actions that may cause unwarranted offense or hurt the sentiments of others,” it added.
