[Reader-list] Criticism of Religion-Bombay High Court Ruling

[A.K. Malik]

Hi All,
          News item in Today's Times of India for information of readers.

"MUMBAI: In a significant ruling, a three-judge bench of the Bombay high court on Wednesday held that in India, criticism of any religion -- be it  
Islam, Hinduism, Christianity or any other -- is permissible under the fundamental right to freedom of speech and that a book cannot be banned on those grounds alone.
However, the criticism must be bona fide or academic, said the court, as it upheld a ban issued in 2007 by the Maharashtra government on a book titled `Islam - A Concept of Political World Invasion by Muslims.' The book contained was an "aggravated form of criticism made with a malicious and deliberate intention" to outrage the feelings of Muslims, the court said.
Delivering the landmark verdict on Wednesday, the court has in a rare instance upheld the state's ban on a book but at the same time brought joy to civil rights activists when it held that, "in our country, everything is open to criticism and religion is no exception. Freedom of expression covers criticism of religion and no person can be sensitive about it."
The bench, comprising Justices Ranjana Desai, D Y Chandrachud and R S Mohite, said, "Healthy criticism provokes thought, encourages debate and helps us evolve. But criticism cannot be malicious and must not lead to creating ill-will between different communities... (it) must lead to sensible dialogue." The courts must strike a balance between the guaranteed freedom and permissible restrictions, "a difficult task", as the 150-page HC verdict penned by Justice Desai observed.
The book, authored by R V Bhasin, a Mumbai-based advocate, in 2003 had been in circulation for four years before the state felt the need to ban it for "several derogatory and false statements about Muslim religion, the community, Mohammed Paigambar and Muslim priests". Bhasin later told TOI that he would go to the Supreme Court in appeal. "Freedom of speech cannot be blocked on interpretation," he said. " 
 
(A.K.MALIK)