While rejecting a petition filed by one Owais Khan who mocked Lord Shiva on social media, the Allahabad High Court on Friday said such acts not only cause emotional distress but also undermine the foundational values of our democratic society.

The court further said it is incumbent upon the judiciary to send a clear message that such conduct will not be tolerated & will be met with appropriate legal consequences. Justice Prashant Kumar dismissed a petition filed by Khan who had challenged the charge sheet filed against him.

The court said, “In a democratic society, such as ours, where freedom of speech is held in high regard, it is imperative to understand that this freedom is not absolute. It comes with responsibilities, foremost among them being the obligation to respect the sentiments & beliefs of others.”

“The misuse of freedom of speech to denigrate or insult religious beliefs undermines the very fabric of constitutionalism & fundamental human belief upon which our society is built,” it said.

“The principle of secularism, enshrined in our Constitution, underscores the importance of fostering an environment of mutual understanding & acceptance among individuals holding diverse beliefs & identities. The secular fabric of our nation demands individuals to exercise restraint & refrain from actions that may cause harm or offence to any religious community,” the court observed.

While emphasising Article 51A of the Constitution of India, the bench observed, “It is the fundamental duties of every citizen, including the duty to promote harmony & the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, & regional or sectional diversities.”

“In a society that values religious pluralism & mutual respect, it is incumbent upon individuals to exercise prudence & refrain from actions that may cause unwarranted offence or hurt the sentiments of others, particularly in matters as sensitive as religious beliefs & practices,” the court said while dismissing the petition. 

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