Wednesday, March 10, 2021

Court In India Dismisses Charge That Facebook Post Violated Blasphemy Law

In India, the High Court of the State of Tripura dismissed a complaint filed against petitioner claiming that he violated Section 295A of the Indian Penal Code through a Facebook post. That section prohibits deliberate and malicious acts intended to outrage religious feelings by insulting religion or religious beliefs. In Gosh v. State of Tripura(High Ct. Tripura, Feb. 26, 2021), the court concluded that Section 295A was not violated by the post that was in Bengali script, and whose meaning was unclear. The court said in part: 

According to the complainant, by putting such an un-tasteful and obscene comment on Hindu religion by saying that Gita, the sacred religious text is “thakbaji Gita”, the petitioner has hurt the religious feelings of Hindu community....

As I have noted earlier, there is a dispute about what exactly did the petitioner convey through the said post.... The word ‘ঠক’ is explained as deceitful, swindling and knavish. When suffix „বাজজ‟ is added, it conveys the meaning of cheating, swindling or knavery whereas the term ‘ভাজা’ is explained as to fry or roast. What the petitioner has written on his Facebook post is „ঠগভাজী’. Whatever this term coined by the petitioner may mean or may not mean anything at all, it certainly does not convey the meaning which the complainant wants to ascribe namely that Bhagavad Gita, is a deceitful document.

Swaddle reports on the decision.