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The Karnataka High Court has made a significant ruling, dismissing a criminal case against two individuals accused of chanting 'Jai Shri Ram' slogans inside a mosque. The court determined that such actions do not constitute an offense under Indian law, specifically regarding the potential harm to religious sentiments. This decision has sparked discussion and debate about the delicate balance between freedom of expression and religious sensitivity within the Indian context.
The accused individuals, who were initially charged under various sections of the Indian Penal Code (IPC) including outraging religious feelings, criminal trespass, and criminal intimidation, had their charges overturned. The court, led by Justice M Nagaprasanna, emphasized that the slogans did not constitute a deliberate and malicious act intended to outrage religious feelings, as stipulated in Section 295A of the IPC. The court's reasoning highlighted that the act of chanting 'Jai Shri Ram' is not inherently offensive and cannot be interpreted as an attempt to insult or disrespect any religious community.
The court also considered the fact that Hindus and Muslims in the area where the incident took place lived harmoniously. This fact, according to the court, underscored the absence of any tangible evidence suggesting that the chants were meant to disrupt the peaceful coexistence of different communities. The court's decision, while acknowledging the importance of respecting religious sensitivities, prioritizes freedom of expression as long as it does not directly incite violence or hatred. This ruling can be seen as an affirmation of the principle that free speech, within reasonable limits, remains a fundamental right in India.
The case itself arose from an incident on September 24, 2023, where the accused allegedly entered a mosque and chanted 'Jai Shri Ram' slogans, accompanied by threats. This incident, while seemingly isolated, highlights the broader challenges of navigating religious tensions and maintaining communal harmony in India. The court's decision, while not a definitive solution, provides a framework for addressing such situations with a focus on upholding both individual rights and social harmony.
Source: Chanting ‘Jai Shri Ram’ in mosque doesn't hurt religious sentiments: Karnataka high court