No fundamental right to degrade other religions: High Court

Lokmat News Network

Aurangabad, June 8: While professing any religion, any person should not degrade other religion, justice HP Sandesh of Karnataka High Court has observed.

A woman had filed a complaint that one follower of Christianity came to her residence. He stated that neither Bhagavad-Gita nor Quran will provide any peace of mind or come to any rescue of any person except Yesu Christa. On her complaint, an offence under section 295A of the IPC (insult the religious feelings of a class) was registered against him by the police. After investigation, the police filed a charge sheet under section 298 IPC (uttering words to wound the religious feelings of any person).

Taking cognizance of the police investigation and charge sheet, the court issued the order for process of trial.

The accused approached the Karnataka High Court, Bengaluru seeking to quash this order. It was contended in the HC that this prosecution violates Articles 14 (Right to Equality), 21 (Right of Life and Liberty) and 25 (Freedom of religion) of the Constitution of India. The HC rejected this and ruled that while professing own religion, the religious heads or any person following a religion should not degrade other religion.

The HC observations

* *In complaint and the statements of the witnesses, it is specific that while propagating their profession, the accused specifically mentioned that other religious scripts do not say anything about anticipation of tsunami and only Yesu Christa can protect them.

* *The contention that the offences do not attract the ingredients of the Section 298 of the IPC cannot be accepted.

* *The issue of process would not violate rights conferred under Articles 14, 21and 25 of the Constitution of India,

* *There is no fundamental right conferred on any religion to degrade other religions.