ANTI-BLASPHEMY LAWS IN INDIA vis-à-vis RIGHT TO FREEDOM OF SPEECH & EXPRESSION By - Mansi Mankotia

ANTI-BLASPHEMY LAWS IN INDIA vis-à-vis RIGHT TO FREEDOM OF SPEECH & EXPRESSION

Authored By - Mansi Mankotia

 

Abstract:

India as a nation has a lot of demons to fight and win over. In such a situation the tussles between the citizenry merely on the name of culture and religion makes the country a weak link as a whole. Thus, the sooner we understand the better it will be for all of us that these Anti-Blasphemy laws are not serving their purpose effectively and it is better to repeal these laws timely else the Anti Blasphemy legislations would destroy the democratic as well as secular set up of India. The application and implementation of Article 19(1)(a), Constitution of India and Section 295 A, Indian Penal Code varies from situation to situation and fact to fact. Not all free speeches are insult to some religion and not religious activities are orthodox and unnecessary.

 

1. What is Blasphemy?

In a world where maximum number of people believes in the existence and power of God, we often witness a situation of Blasphemy.[1] Therefore, the concept of Blasphemy is as old as the concept of “God”. [2] It is strange and obnoxious at the same time that how religions preach about God but do not teach to regard the God of any religion other than them. God, Devtas, Mohammad, Jesus, the Bhagwad Geeta, the Bible, the Torah, the Quran, they all teach the same in some way or the other but their preachers and the disciples stand against each other in order to prove their superiority over the other.

 

Blasphemy is an insult or disrespect shown towards any religion.[3] It simply means any hate speech or comment against a particular religion, community, sect, or group of people. Thus, if any speech, comment or act of a person aggravates the religious sentiments of a person, social or religious group, such speech, comment, or act is considered to be blasphemous. In the heat of ferocious debates on religion one can easily crossover the line of decency leading to making an unacceptable remark on the other religion. Therefore, intellectually, Blasphemy is a byproduct of hearsay, sedition, emotional & social dislocation, and mental disturbance.[4]

But what exactly constitutes Blasphemy is always questionable! An act or speech offending for one can have no effect on other. A lack of reverence of a religion by one can be equivalent to regard to God in the eyes of another. Thus, the meaning and gravity of Blasphemy differs from person to person. However, Blasphemy is not just limited to verbal altercations or statements. It also includes offending activities, literature, writings, performances, images, and depictions against a religion by an individual or a group.[5] Therefore, in order to better understand the intensity of the alleged blasphemous acts and its impact over the people of targeted religion, Anti-Blasphemy laws are constituted.

 

1. What are Anti-Blasphemy Laws?

To curb the menace of blasphemy and persecute the offenders insulting the religious sentiments of people, anti-blasphemy laws are formulated and implemented. Anti-blasphemy laws allow a person to seek punishment for any person or group of person hurting or insulting the religious sentiments of anyone. Such laws are a tool to maintain the secular set up of any nation.

 

All across the world the Anti Blasphemy laws have been used to suppress the opinion of the masses criticizing the religion. However, with the advent of the awareness about human rights and freedom of speech, most of the nations have repealed their existing anti blasphemy laws and have recognized the criticism against religion as free speech and an expression of views and opinions.

In Australia, the Blasphemy laws were enacted in 1697. However, it was later abolished in the Australia Criminal Code Act, 1995. The Hate Speech Laws were an integral part of the Criminal Code of Canada since 1985. However, the same was repealed by the Canadian Parliament in 2016 ruling Hate Speech Laws of Canada as unconstitutional.

 

In countries like Denmark, Finland, France, Germany, Italy and Greece, the Anti Blasphemy laws originated in 18th Century. However, due to no major applications of the Anti-blasphemy laws, these nations repealed these laws in 20th and 21st centuries.

 

Countries like Brazil, Nigeria, Philippines, Poland, Russia, South Africa, United Kingdom, United States, etc. still recognizes Blasphemy as a criminal offence and have anti blasphemy laws to punish the one who is found guilty of insulting any religion.

For a nation like India, Blasphemy is a common practice. In order to uphold the secular nature of the country, Anti-Blasphemy laws were enacted. India does not have a religion. The Constitution of India does not bind itself with any particular religion, in fact, it entitles its citizen to practice and profess any religion of their choice without any coercive or influential pressure.[6] Thus, in a nation where so many religious and social groups live altogether it was important to ensure that all the religions are equally respected and the dignity of none of these religions is compromised in any case.

 

Therefore, in order to ensure the same, Indian Constitution makers and legislatures have acknowledged Anti-Blasphemy laws both actively and passively.

 

1. Anti-Blasphemy Laws in India

During the post-colonial period, India experienced a huge shift in the geo-political and socio-political aspects which led to a massive increase in the religious offences. Although the Constitution of India expressly provided same status and respect to every religious and social sect, yet the ground reality was way different. The rising issues of religious offences and their major influence & implication over the country lead to a hostile and intolerant phase. This witnessed the evolution of Anti-Blasphemy laws in India.[7]

 

In 1927, a controversial book Rangila Rasul by Pandit M.A. Chamupati was published. The impugned book talked about the marriage and sex life of Islam Founder Muhammad. The book allegedly outraged the emotions of Muslim community however; no penal action was taken against the author as there were no laws which were preventing the insult to religion. The outraged Muslims demanded for a law criminalizing insult to religion. This led to the enactment of Chapter XV of Indian Penal Code.

 

Indian Penal Code expressly under Chapter XV provides for “Offences Relating to Religion”.[8] This criminal code intends to prevent any violence taking place due to religious or communal motivation. In a country where encountered communities are multi faith citizenry, the implementation of such legislation is critical and complex at the same time, however, Chapter XV of the Indian Penal Code, 1860 has been controlling such religious offences successfully from past several decades.[9] The details of all the Anti-Blasphemy laws in India are discussed as follows:

 

• Article 25, Constitution of India,

Freedom of conscience and free profession, practice and propagation of religion[10]

25(1): Subject to public order, morality and health and other provisions, all citizens and persons are rightfully entitled to freedom of conscience equally. They also have a right to profess, practice and propagate their religion and religious values freely.

Through Article 25, the makers of the Constitution of India have showcased their intent to not to give any religious status to the country. It acknowledges the co-existence of multiple faiths, beliefs, and religions in the country and upholds their promotion and propagation without any unreasonable restrictions. However, the right is not unlimited and the State is empowered to put restrictions over this right on justifiable and reasonable grounds.

 

• Section 295, Indian Penal Code[11]

Injuring or defiling place of worship, with intent to insult the religion of any class.

This section of the Indian Penal Code provides that if any person of any community or religion destroys, destructs, damages, demolish or defiles a place of worship which is consecrated to a particular religion, he or she shall be punished under this section.

This provision also includes destruction, damage, or demolition of any object which is considered to be sacred by any religion or class of persons. However, behind such damage or destruction of place or worship or object there should be an intention to insult the religion of any class of persons. Otherwise, the person may even possess the knowledge that such destruction or damage can lead to an insult to someone’s religion.

Any person found guilty under this section shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

• Section 295 A, Indian Penal Code[12]

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

This section provides that if any person or group of persons, with a deliberate and malicious intent to outrage the communal or religious sentiments of any social or communal group or class of citizens of people; he or she shall be punished under this section.

The person or group of persons outraging the religious sentiments of someone through words (verbally or in written), signs or any visible gestures or representations would be construed as an insult or an attempt to insult the religious sentiments of that group of people.

Any person found guilty under this section shall be punished with imprisonment of for a term which may extend to three years, or fine, or both.

 

• Section 296, Indian Penal Code[13]

Disturbing religious assembly.

This section provides that if any person voluntarily or willingly causes any sort of disturbance to any assembly, duly assembled in compliance with the law of the land, to carry out the performance of any religious activity or worship, or ceremonies, shall be liable for punishment under section 296, Indian Penal Code.

The person found guilty under this section shall be punished with an imprisonment for a term which may extend to one year, fine, or both.

• Section 297, Indian Penal Code[14]

Trespassing on burial places, etc.

Section 297 of the Indian Penal Code provides that if any person commits a trespass in a place usually used for worshipping or as a sacred place of a religion or any other place of religious sepulture, with an intent or knowledge to hurt the religious sentiments of a sect or a group shall be punished under this section.

 

This provision also covers within its ambit the trespass of any place specifically used for performing the funeral rites by a religion. Further it also includes trespass of a place generally used as a depository for the remains of the dead. If any person offers any indignity or insult to a human corpse, or hinders the peaceful performance of funeral ceremonies, he or she shall be punished under this section.

 

The person found guilty under this section shall be liable for punishment with imprisonment for a term which may extend to one year, or fine, or both.

 

• Section 298, Indian Penal Code[15]

Uttering words, etc., with deliberate intent to wound the religious feelings.

Section 298 of Indian Penal Code, 1860 provides that if any person utters any word or makes any sound in the hearing of that person in order to insult or hurt the religious feelings of a person he shall be held guilty under this provision.

 

Furthermore, if any person makes any gesture which are in the sight of other persons to wound their religious beliefs or tends to place an object which is in the sight of other persons, with an intent to insult their religion shall be punished under this section.

 

The person found guilty under this section shall be liable for punishment with an imprisonment for a term which may extend to one year, or fine, or both.

 

1. Blasphemy vis-à-vis Freedom of Speech and Expression & The Misuse of Section 295 A

The 21st Century India believes in calling out the evil and the unacceptable. It believes in calling out the unjust and the unreasonable. Thus, in such situation some of the orthodox religious beliefs are often criticized and some even face brutal hostility. The 21st Century India is well aware of its rights and optimizes the usage of such rights, especially the right to freedom of speech and expression. This India lashes out on the irreasonablitity of the practices going on from centuries in the name of religion and belief. However, the right to freedom of speech and expression provided by Article 19 is not absolute and it comes with some reasonable restrictions.[16] Article 19(1) provides all citizens a right to freedom of speech and expression whereas Article 19(2) of the Indian Constitution provided the government a right to impose restrictions over the unreasonable use of freedom provided under clause 1.[17]

 

The power with the Government under Article 19(2) is put under scrutiny time and again and often it is witnessed that the Government misuses this provision. The frequent bans, boycotts, and censors over opinions and artistic ideology  by the Government makes it questionable that which one holds above the other the freedom under Article 19(1) or the power under Article 19(2). In fact, there are several instances where even judicial authorities grapple over a number of speeches as an application of Article 19(2). Most of these bans and grapples by the Government and the courts are reasonable and justified. However, there are several instances where the personal opinion and public voices are suppressed in the shelter of “Public Order and Morality”. This is an evident instance of misconstruing of the meaning and objective of Anti-Blasphemy laws and how the State itself is passively denying the citizens to exercise their right to freedom of speech and expression.

 

There is a thin line between Freedom of Speech and Blasphemy and the co-existence of both of these concepts is challenging. The struggle of striking a balance between democracy and secularism is getting complex with the passage of time.

 

It is to be understood that Blasphemy is now a dead concept, however, it is pertinent to believe that it is only the so called God’s men who are spreading chaos in the society by taking the shelter of religion.[18] Such shelter of religion deprives the common masses from free speech in their own nation. It has made the people vigilant of the fact that the words ill spoken about a religion can land them into serious legal troubles which would lead to unnecessary harassment and agony. Anti Blasphemy laws try to control the mind of the citizenry which is ultimately a massive set back to the democratic set up of a country like India. Past one decade in India has witnessed a lot of controversies arising out of allegedly blasphemous movies, pictures, public performances, plays, assemblies, and even product marketing.[19] These incidents have shown how India has become religiously intolerant and how the Anti-Blasphemy laws overpower the basic human rights of people. Blasphemy is a never dying evil but the revival of Blasphemy only depends on the mindset of people and their extreme acts of violence arising out of hate and threats.[20]

 

In Pravasi Bhalai Sangathan v Union of India[21], even the Supreme Court of India was of the opinion that the practice of hate speech and blasphemy needs more consideration from the Law Commission of India as even after having well established laws we are not in a position to implement these effectively. The apex court even called out the existing legislation as insufficient measure to protect itself from its misuse. The court directed the Law Commission to also look into ways to prevent the misuse of the Anti Blasphemy laws.

 

Blasphemy laws have a direct impact over the exercise of right to freedom of speech and expression. Often a lot of things said or done against a religious activity is not done in order to insult or defame it but is done probably because the religious activity itself a rudimentary and ill practice.[22] To curtail such an activity out of the religion is not blasphemy in fact it is a gesture of a sensible citizenry. However, blasphemy laws give the targeted religion a chance to showcase their anguish for demanding the declension of such religious practice which can lead to unjustifiable actions against the one demanding it. With the modernization and enhancement of education among the masses, not everything preached by the religions makes sense to them. Also, right to freedom of speech contains within its arena the right to criticize the evil. If a person, being a responsible citizen, stands against some illogical or malafide religious practices or performances, he or she should not be considered blasphemous. Any person punished under Indian Blasphemy laws in such situations are casually deprived of their right to free speech.

 

The Fundamental Right to Religion under Article 25 is also available for those citizens who do not believe in God or do not wish to profess or practice any religion. For such class of citizenry, the religious activities are not relevant. However, they still have a right to free speech and can duly criticize the wrong or evil of any person, community, religion or even State. However, the enforcement of Anti- Blasphemy laws take away their right to have an opinion from them. They are penalized under these laws for expressing their views or anguish against religion(s). This is not just a violation of Fundamental Rights but also deprivation of basic human rights.

Freedom of speech and expression is one of the most esteemed Fundamental Rights vested in the citizens under Article 19(1) (a), Constitution of India.[23] The right is vested in every citizen irrespective of his or her caste, class, occupation or power. Though, the right is not absolute and is subject to reasonable restrictions, but the reasonableness of the restrictions is always debatable.

 

On the other side of the table sits Section-295A, Indian Penal Code, penalising the acts which are outrageous of the religious sentiments and beliefs of any community.[24] But how appropriate is the outrage, is again, always debatable.

 

The constitution of India aims to protect the human rights of citizens as well as non-citizens in a way no other nation’s constitution does. The most populous democracy of the world is always facing a clash within.[25] A clash of castes, religions, communities, political and social ideologies and what not.[26] What will the future of India unfold is worth an eager. This time the clash is between the constitution and the criminal legislation also it is a clash between two fundamental rights. The fundamental right to free speech and the fundamental right to free religion stand against each other time and again hampering the so called Indian secularism and ultimately the basic structure of the Constitution. Have the Indian citizenry really become intolerant religiously? The riots and the genocides at the name of “protection of religion” quaintly answers in affirmative.

 

The religious intolerance of India is not just limited to inter-communal activities. It has started to overpower the free speech and opinion of the masses. It has even started to overpower the voices disagreeing with the obvious or disagreeing with the majority. Speaking against the majority has had an adverse effect of the minorities. They were suppressed anyway with or without the Blasphemy laws. However, now with the Blasphemy laws in force, even a rightful protest or objection raised by the religious or communal minorities against the majorities or even the State is looked upon as an insult putting the Blasphemy laws into play. The minority is put at jeopardy for having an opinion, for asking for the rightful, and for disagreeing to agreeing.[27] If this is not enough to shake the foundation of Democracy in India, no one knows what else is.

In a country where free will and conscience is the subtle promise of the constitution makers, fear of violence overshadows the will to put across an opinion. Clearly, we are failing to strike a balance between Article 19(1)(a) of Constitution of India and Section 295-A of IPC.

 

The religious intolerance and suppression of free speech is not just limited to general public. Riots and communal tensions are not the only outcomes of the said religious intolerance. Lately, in the past decade even the Entertainment Industry of India has witnessed a massive backlash against their portrayal of certain figures and activities as an insult to the religious belief and faith of majority or minority sections of the society.

 

Many Bollywood Films and advertisements were put under legal radar and were unnecessarily troubled over allegations of outraging the religious sentiments of any social group or community.

The hate is not just limited to Bollywood movies. There are several Web series and shows available on OTT which also came under the radar of religious groups and faced massive backlash from them. Most of such FIRs were bogus and held nothing good with themselves. These were the sheer cases of misuse of the Anti-Blasphemy laws in India. It is very evident from such instances that by virtue of Anti-Blasphemy laws, anyone who attempts to stand against the ill of the religion would be suppressed till he or she is left with no voice to raise. This was not the agenda behind the Anti-Blasphemy laws but if the poor implementation has led to a situation where the Free Speech and Expression of the general public is drastically effected, it is high time to repeal the Anti-Blasphemy Laws from Indian Penal Code.

 

1. Judicial Opinion on Blasphemy

• Devidas Ramachandra Tuljapurkar vs State Of Maharashtra,[28]

The Court was of the opinion that Right to freedom of speech and expression provides the citizen to use its artistic freedom in a way to express its views and opinions through their respective art form without any prejudice or fear of penal or coercive action.

 

• In The Ahmedabad St. Xaviers College Society vs State Of Gujarat & Anr., [29]

The Apex Court of India laid down that the term “Free” is unclear and vague so it should be construed as something which is good for the society. The term “Free” can be used as free speech, free love, free trade etc. but it cannot be used as free hate, free defamation, or free sedition. However, Right to Protest is a fundamental right within the ambit of Article 19(1) and any sort of criticism is neither hate nor sedition.

 

• In The State Of West Bengal vs Anwar Ali Sarkar, [30]

The Supreme Court observed that Free speech is subject to interpretation and interpretation of “Free Speech” must be flexible. What is considered right in a given situation at this point of time can be wrong in the ages to come. Even the vice versa is possible. Thus, what is seditious or blasphemous for you today may not be the same for the generation to come. Therefore, in order to maintain the flexibility of the term “Free Speech”, its scope and application should be widen from time to time.

 

• In State Of Punjab And Anr vs Devans Modern Brewaries Ltd.[31]

The Supreme Court observed that the art of building hatred sometimes takes away the real art from the artist. This art of building hatred also shadows any human emotion associated with kindness, sympathy, love, and affection. The hate the world is transmitting in the name of peace is so destructive that our human rights will pay the worst price for this.

• Naravan Dass Indurakhya vs State Of Madhya Pradesh[32]

The Supreme Court in this case laid down that there are opinions promoting class hatred, communal violence, religious intolerance and seditious activities against the State and there are grounds which establishes which formulates the basis of such opinions. The judiciary has to consider the grounds and not the opinion. The opinion matters but not at the cost of justice and the grounds does not matter but does in the smooth administration of the Constitutional framework.

Through above discussed Supreme Court judgments it is evident that the judicial authorities do not ex facie believe in the facts. The application and implementation of Article 19(1)(a), Constitution of India and Section 295 A, Indian Penal Code varies from situation to situation and fact to fact. Not all free speeches are insult to some religion and not religious activities are orthodox and unnecessary.

 

India as a nation has a lot of demons to fight and win over. In such a situation the tussles between the citizenry merely on the name of culture and religion makes the country a weak link as a whole. Thus, the sooner we understand the better it will be for all of us that these Anti-Blasphemy laws are not serving their purpose effectively and it is better to repeal these laws timely else the Anti Blasphemy legislations would destroy the democratic as well as secular set up of India.

 

BIBLIOGRAPHY

• Yvonne Sherwood, Blasphemy: A Very Short Introduction 2, (Oxford University Press, 1st Edn., 2021)
• “Blasphemy”, available at:  https://www.merriam-webster.com/dictionary/blasphemy (last visited on Jan 5, 2023)
• David Lawton, “Blasphemy” 2, (University of Pennsylvania Press Philadelphia, 1st Edn., 1993)
• S. Brent Plate, Blasphemy: Art that Offends 28, (Black Dog, 2009)
• The Constitution of India, Art. 25(1), available at:  https://theindianconstitution.com/article-25-religious-conscience-freedom/ (Last visited on Jan 5, 2023)
• F.A. Nazir. The Evolution of Legislation on Religious Offences, (Langham Publishing, 2019)
• Aaryan Dhar, Offenses Relating to Religion,  available at: https://www.lawinsider.in/columns/offenses-relating-to-religion (Last visited on Jan 5, 2023)
• The Constitution of India, Art. 25(1), available at:  https://theindianconstitution.com/article-25-religious-conscience-freedom/ (Last visited on Jan 5, 2023)
• The Indian Penal Code, Section- 295, available at: https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688§ionId=46057§ionno=295&orderno=330 (Last visited on Jan 5, 2023)
• The Indian Penal Code, Section- 295 A, available at: https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=331  (Last visited on Jan 5, 2023)
• The Indian Penal Code, Section- 296, available at: https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=332  (Last visited on Jan 5, 2023)
• The Indian Penal Code, Section- 297, available at: https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=333  (Last visited on Jan 5, 2023)
• The Indian Penal Code, Section- 298, available at: https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=334  (Last visited on Jan 5, 2023)

 

• The Constitution of India, Art. 19 available at https://legislative.gov.in/sites/default/files/COI-updated.pdf (Last visited on Jan 5, 2023)
• Jeroen Temperman, Blasphemy and Freedom of Expression, 138, (Cambridge University Press, 1st Edn., 2017)
• 2014 SC 1951
• Gautam Bhatia, Offend, Shock, or Disturb: Free Speech under Indian Constitution, 124, (Oxford University Press, 1st Edn. 2016)
• Article 19, Constitution of India, available at https://indiankanoon.org/doc/1218090/ (last visited on Jan 6, 2023)
• Martha C. Nussbaum, “The Clash Within- Democracy, Religious, Violence, and India’s Future” 186, (Harvard University Press, 2007)
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• Ashgar Ali Engineer, “The Gujarat Carnage” (Orient BlackSwan, 2003)
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• “ PK: FIR lodged against Aamir Khan, Rajkumar Hirani”, available at https://www.indiatoday.in/movies/bollywood/story/pk-aamir-khan-rajkumar-hirani-vidhu-vinod-chopra-sidharth-roy-kapur-232499-2014-12-23 (last visited on Jan 6, 2023)
• “ Bhansali’s film hits screen amid violence by Rajput outfits, cinegoers defy threat” available at https://indianexpress.com/article/india/padmaavat-movie-release-protests-live-updates-theatres-violence-gujarat-gurgaon-noida-madhya-pradesh-rajasthan-sanjay-leela-bhansali-deepika-padukone-5038349/  (last visited on Jan 6, 2023)
• “Director, producers of upcoming Hindi movie 'Kya Meri Sonam Gupta Bewafa Hai?' booked” available at https://indianexpress.com/article/cities/ludhiana/director-producers-of-upcoming-hindi-movie-kya-meri-sonam-gupta-bewafa-hai-booked-7567213/ (last visited on Jan 6, 2023)
• Supreme Court of India, May 14, 2015, available at https://indiankanoon.org/docfragment/69910146/?formInput=blasphemy , (Last visited on Jan 6, 2023.)
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• 1974 (4) SCC 788, available at https://main.sci.gov.in/supremecourt/2007/22893/22893_2007_33_1502_23716_Judgement_02-Sep-2020.pdf (Last visited on Jan 6, 2023)

 

 

 

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[1] Yvonne Sherwood, Blasphemy: A Very Short Introduction 2, (Oxford University Press, 1st Edn., 2021)

[2] Ibid

[3] “Blasphemy”, available at:  https://www.merriam-webster.com/dictionary/blasphemy (last visited on Jan 5, 2023)

[4] David Lawton, “Blasphemy” 2, (University of Pennsylvania Press Philadelphia, 1st Edn., 1993)

[5] S. Brent Plate, Blasphemy: Art that Offends 28, (Black Dog, 2009)

[6] The Constitution of India, Art. 25(1), available at:  https://theindianconstitution.com/article-25-religious-conscience-freedom/ (Last visited on Jan 5, 2023)

[7] F.A. Nazir. The Evolution of Legislation on Religious Offences, (Langham Publishing, 2019)

[8] Aaryan Dhar, Offenses Relating to Religion,  available at: https://www.lawinsider.in/columns/offenses-relating-to-religion (Last visited on Jan 5, 2023)

[9] F.A. Nazir. The Evolution of Legislation on Religious Offences, (Langham Publishing, 2019)

[10] The Constitution of India, Art. 25(1), available at:  https://theindianconstitution.com/article-25-religious-conscience-freedom/ (Last visited on Jan 5, 2023)

[11]The Indian Penal Code, Section- 295, available at: https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688§ionId=46057§ionno=295&orderno=330 (Last visited on Jan 5, 2023)

[12] The Indian Penal Code, Section- 295 A, available at: https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=331  (Last visited on Jan 5, 2023)

[13] The Indian Penal Code, Section- 296, available at: https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=332  (Last visited on Jan 5, 2023)

[14] The Indian Penal Code, Section- 297, available at: https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=333  (Last visited on Jan 5, 2023)

[15] The Indian Penal Code, Section- 298, available at: https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=334  (Last visited on Jan 5, 2023)

 

[16] The Constitution of India, Art. 19 available at https://legislative.gov.in/sites/default/files/COI-updated.pdf (Last visited on Jan 5, 2023)

[17] Supra

[18] Yvonne Sherwood, Blasphemy: A Very Short Introduction 46, (Oxford University Press, 1st Edn., 2021)

[19] Jeroen Temperman, Blasphemy and Freedom of Expression, 138, (Cambridge University Press, 1st Edn., 2017)

[20] Supra

[21] 2014 SC 1951

[22] Gautam Bhatia, Offend, Shock, or Disturb: Free Speech under Indian Constitution, 124, (Oxford University Press, 1st Edn. 2016)

[23] Article 19, Constitution of India, available at https://indiankanoon.org/doc/1218090/ (last visited on Jan 6, 2023)

[24] Section-295A, Indian Penal Code, 1860, available at https://indiankanoon.org/doc/1803184/ (last visited on Jan 6, 2023)

[25] Martha C. Nussbaum, “The Clash Within- Democracy, Religious, Violence, and India’s Future” 186, (Harvard University Press, 2007)

[26] Supra

[27] Aaryan Dhar, Offenses Relating to Religion,  available at: https://www.lawinsider.in/columns/offenses-relating-to-religion (Last visited on Jan 5, 2023)

[28] Supreme Court of India, May 14, 2015, available at https://indiankanoon.org/docfragment/69910146/?formInput=blasphemy , (Last visited on Jan 6, 2023.)

[29] AIR 1974 SC 1389, available at https://indiankanoon.org/docfragment/703393/?formInput=blasphemy (Last visited on Jan 6, 2023)

[30] 1952 SCR 24, available at https://indiankanoon.org/docfragment/184660633/?formInput=blasphemy (Last visited on Jan 6, 2023)

[31] (1975) 1 SCC 737, available at https://indiankanoon.org/docfragment/39828/?formInput=blasphemy (Last Visited on Jan 6, 2023)

[32] 1974 (4) SCC 788, available at https://main.sci.gov.in/supremecourt/2007/22893/22893_2007_33_1502_23716_Judgement_02-Sep-2020.pdf (Last visited on Jan 6, 2023)