Allahabad High Court Dismisses PIL Seeking Protection of Religious Sentiments

Court Directs Petitioners to Approach Government for Redressal of Grievances  

In a significant ruling, the Allahabad High Court has dismissed a Public Interest Litigation (PIL) filed by the Hindu Front For Justice, which sought a general mandamus for the protection of religious sentiments and prevention of denigration of religious deities and sacred books. The judgment, delivered by a division bench comprising Justices Rajan Roy and Indrajeet Shukla, emphasized the separation of powers between the judiciary, executive, and legislature.  

The petitioners had urged the court to command the government to take stringent measures to prevent the denigration and desecration of religious deities and sacred texts, citing alleged incidents of burning and insults directed at Hindu religious icons and scriptures. They also sought a review of the effectiveness of existing legal provisions, including Sections 295, 295A, 298, 153A, 153B, and 505 of the Indian Penal Code (IPC), now re-codified under the Bharatiya Nyaya Sanhita (BNS) as Sections 196, 298, 299, 300, and 302, in addressing these concerns.

The court, however, ruled that the implementation of existing laws falls within the purview of the executive branch of the government, while the creation or amendment of laws is the responsibility of the legislature. The bench highlighted that the petition did not pertain to any specific incident or involve any private party accused of such acts, rendering the plea for a general mandamus inappropriate.

The judges acknowledged the petitioners' grievances but reiterated that the proper course of action would be to approach the relevant government ministries or departments that have the authority to address these issues. The court granted the petitioners the liberty to engage with the concerned governmental bodies for redressal of their grievances, in accordance with the law.

This ruling underscores the court's commitment to maintaining the constitutional balance of power, while also providing a pathway for citizens to seek remedies through appropriate governmental channels.

Bottom Line:

Public Interest Litigation (PIL) seeking a general mandamus for protection of religious sentiments and prevention of denigration of religious deities and sacred books dismissed, as implementation of existing laws lies within the domain of the executive and making or amending laws falls under the legislature's purview.

Statutory provision(s): Sections 295, 295A, 298, 153A, 153B, 505 of IPC (Now BNS Sections-196, 298, 299, 300, and 302)

Hindu Front For Justice v. Union of India, (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2818963