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The Karnataka High Court has ruled that shouting the slogan 'Bharat Mata ki Jai' cannot be construed as promoting disharmony or enmity between religious groups. This decision stemmed from a case filed against a group of men from Mangalore who were attacked after chanting the slogan following the oath-taking ceremony of Prime Minister Narendra Modi on June 9th, 2024. The men had filed a case alleging attempted murder against the assailants, but a counter-complaint was filed by a man named P K Abdulla, claiming the men had threatened him and others at a mosque. He alleged they demanded they leave the country.
The High Court, in its order dated September 20th, 2024, dismissed the case against the Mangalore residents, stating that allowing even an investigation into the matter would equate to probing the chanting of 'Bharat Mata ki Jai', which, according to the court, cannot be interpreted as promoting disharmony. The court observed that the complaint filed by Abdulla appeared to be a counter-blast to the men's complaint about the assault. They noted that the men had detailed their experience in their complaint, which was corroborated by their hospital records. They found it incongruous that Abdulla had not filed his complaint on the same day of the alleged threats but instead waited to do so after the men had filed their complaint about being assaulted.
This judgment highlights the importance of the right to freedom of speech and expression in India. The court has recognized that patriotic slogans like 'Bharat Mata ki Jai' are inherently conducive to promoting harmony and national unity. It is crucial to remember that while the right to free speech is fundamental, it comes with responsibilities. Individuals must exercise this right responsibly and avoid inciting hatred or violence. This case underscores the need for a balanced approach when addressing disputes that involve religious sentiments, ensuring that the right to freedom of speech is protected while maintaining public order and harmony.
Source: Shouting ‘Bharat Mata ki Jai’ would not promote disharmony: Karnataka High Court