AP restricts propagation of religion

The Andhra Pradesh government has prohibited the propagation of a religion near a place of worship of another religion through an Ordinance. It is interesting to note that the Constitution of India under Article 25 grants the right not only to profess and practice but also 'propagate' a religion.

Constitutional Amendment to define 'minority'

The government is proposing a Constitutional Amendment Bill to ensure that a 'minority' at the level of each state rather than at the national level. This is not really changing the law but merely writing into the Constitution what was already the import of a Supreme Court judgment in 2005.

Hate Speech

V Venkatesan discusses the hate speech provision, s. 295A of the IPC and its evolution. In requiring 'deliberate and malicious intention', the bar was sought to be set high. But, as recent events demonstrate, does this provision increase rather than decrease religious strife?

Baroda and free expression

The Baroda arrest has sparked a debate on the value of freedom of expression and the place of art in society. Pratap Bhanu Mehta explains that the entire point of having a freedom of expression is to protect speech that might offend - this should not be restricted to 'art' alone. Amit Chaudhury explains the art-work in question and why it should be protected.
Arun Jaitley, on the other hand, argues for punishing blasphemy.

Caste-religion link challenged

The Justice Mishra Committee for Religious and Linguistic Minorities has demanded that caste-based reservations must be delinked from and made available to people from all religions.

The Kiss controversy - SC stays proceedings

The Supreme Court has stayed the proceedings launched against Shilpa Shetty in various courts on the kissing incident. It is high time the moral brigade stopped using the legal process for harrassing artists.

High Court reverses book ban

The Bombay High Court has set aside the Maharashtra government order banning James Laine's book on Shivaji. The full text of the order can be found here.

Moral police out and about

Moral policing of artistic expression has grown nasty again. First, a Catholic Church run mass communications college in Kottayam expelled five students for making a film on homosexuality. Then, in Vadodara, two students were arrested by the police on charges of obscenity at the instigation of a local BJP leader for painting Hindu deities in nude. A protest organised by fellow students to showcase the erotic in Hindu culture came under attack. The Dean of the Arts Faculty, who stood by the right of the students to self-expression, was suspended by the University!

The provisions of the IPC which allow draconian powers to the police to stifle speech are these:
Section 153A: Promoting enmity between different groups on grounds of
religion, race etc, commiting acts prejudicial to the harmony of the public

According to the section whoever by words or expression promotes enmity
between different groups of the country on the grounds of religion,
race, place of birth, residence, language, or any such grounds or
commits an act which is prejudicial to the harmony of he public is
culpable under the section with imprisonment which may extend to three
years with or without fine. Further, when the offence is committed on
any religious place or any place worship the imprisonment can extend to
5 years with or without fine. The offence is non-bailable and even
cognizable (after 1898) ie. Police can arrest a person under the section
without warrant.

Section 295: Injuring or defiling place of worship with intent to insult
the religion of any class

Whoever destroys, damages or defiles any place of worship, or any object
held sacred by any class of persons with the intention of thereby
insulting the religion of any class of persons or with the knowledge
that any class of persons is likely to consider such destruction, damage
or defilement as a insult to their religion, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

Section 295A: Deliberate and malicious acts intended to outrage
religious feelings

Deliberate and malicious acts, intended to outrage religious feelings or
any class by insulting its religion or religious beliefs 295A.
Deliberate and malicious acts, intended to outrage religious feelings or
any class by insulting its religion or religious beliefs.

Whoever, with deliberate and malicious intention of outraging the
religious feelings of any class of citizens of India, by words, either
spoken or written, or by signs or by visible representations or
otherwise, insults or attempts to insult the religion or the religious
beliefs of that class, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or
with both.

Section 114 is about abetment and presence when any crime is being
committed.

Religious subsidies allowed for this year

The Supreme Court has allowed subsidies for Mansarovan and Haj yatras for this year, while requesting the Allahabad High Court to dispose of the matter quickly. The High Court stayed the subsidies on the ground that they discriminate on the ground of religion.

Court refuses to entertain anti-Modi petition

A Gujarat High Court judge refused to hear a petition filed by Ehsan Jafri's widow to file an FIR against Narendra Modi, without giving any reasons.

Fake encounters

The admission by Gujarat that its police force killed a couple in cold blood in a staged encounter is chilling. This only confirms what is generally known about the Indian police and was detailed in a US government report early this year on the lax enforcement of human rights standards in the country. At least the incident has brought the matter in the lime-light. Now Punjab has ordered an inquiry into the extra-judicial killings during the days of terrorism in Punjab.

Diversity index

A Ministry of Human Resources Committee has recommended that the University Grants Commission must evolve a diversity index and tie grants to universities depending on their ranking on this index.

Court sets aside election of communal candidate

The election of a candidate who appealed to communal sentiments in an election has been set aside.

Anti-conversion amendments in Gujarat

The amendments to the Freedom of Religion Act in Gujarat have angered several religious groups.

Chhattisgarh Freedom of Religion Bill

The Chhattisgarh Freedom of Religion Bill seeks to severely limit religious freedom.

Haj subsidies stayed

The Allahabad High Court has stayed government subsidies for Haj.

SC allows Patwardhan film

Doordarshan's decision to not show Anand Patwardhan's 'Father, Son and Holy War' was set aside by the Supreme Court.

Anti-superstitions Bill

Maharashtra tries to pass a controversial Bill that targets superstitions, but critics say it is too broad and covers religion itself.

Communal Violence Bill stalled

The Parliamentary Standing Committee has raised a number of objections to the Communal Violence Bill, stalling its passage in the present session.

SC stays non-discrimination in temples Ordinance

The Supreme Court has stayed a Tamil Nadu Ordinance providing for appointment of archakas in temples without any discrimination on the basis of caste, creed or race on a challenge that it violates the right to religion.