Madras High court refused to quash the FIR filed against the Tamil Nadu Catholic priest named Father George Ponnaiah who was booked for a derogatory and provocative speech against ‘Bharat Mata’ and ‘Bhumi Devi.’
Last year, in July, during a meeting convened to pay homage to late activist Fr Stan Swamy, George Ponnaiah made derogatory remarks against ‘Bharat Mata’, Hindu religious beliefs, and against prime minister Narendra Modi and Home minister Amit Shah.
FIR was filed against him under various sections including 143, 153A, 269, 295A, 505(2), 506(1) of IPC and Section 3 of Epidemic Diseases Act, 1897.
Madras High Court bench headed by Justice GR Swaminathan noted “He painted Bhuma Devi and Bharat Mata as sources of infection and filth. Nothing can be more outrageous to the feelings of the believing Hindus.”
Swaminathan further said Bharat Mata is often portrayed as carrying the national flag and riding a lion and evokes a deep sense of veneration among many. He dismissed the argument that the pastor was criticising religion and said there was a distinction between an evangelist criticising religion when compared to the likes of satirists, artists, academics and rationalists.
“Section 295A IPC (Indian Penal Code) is attracted when there is attack on the religious feelings and beliefs of any class of citizens. It is not necessary that all Hindus should feel outraged. If the offending words outrage the religious feelings or beliefs of even a section of Hindus, the penal provision would be attracted,” he added further.
Justice Swaminathan also mentioned that an individual’s choice to change religion is protected by the Constitution and must be respected, religious conversions cannot be a “group agenda”.
“Religious conversions cannot be a group agenda. The clock of history can never be put back. But the status quo that obtains in the year 2022 as regards religious demographic profile may have to be maintained.”
