Dhoni’s case and use and abuse of hate speech laws

Several police complaints were filed in different parts of the country accusing Dhoni and the magazine’s editor of hurting religious sentiments of all Hindus and violating Section 295A of the Indian Penal Code. The Karnataka High Court refused to quash criminal proceedings in a complaint filed in the State against Dhoni and asked him to face trial. He appealed to the Supreme Court and finally received reprieve from these criminal proceedings. 

The Supreme Court held that Section 295A of the IPC should be read restrictively and only malicious and deliberate speech or expression that is intended to insult religious feelings is actionable. Since the magazine did not intend to hurt religious feelings, all criminal complaints were quashed. The case against Dhoni is neither unusual in fact, or controversial in law. Over the past decade, there is a remarkable increase in the number of criminal complaints filed against artists, activists and celebrities under abuse of hate speech laws, in order to gain political mileage. 

Just a month ago, criminal complaints were filed against Kamal Haasan for his statement that Draupadi, a woman, is gambled away in Mahabharata and yet the said epic is revered. Right wing organisations including the Hindu Makkal Katchi have filed complaints against the actor for insulting Hindu religion. The present case involving Dhoni has a clear parallel with a similar prosecution launched against the actor-politican  Khushbu. She was targeted for making a statement that women in India should not be expected to be virgins before marriage. A member of the Pattali Makkal Katchi complained that Khushbu’s statements insulted and defamed Tamil women by questioning their chastity. The Madras High Court refused to quash the proceedings and asked Khushbu to stand trial. The Supreme Court ultimately dismissed all proceedings against her, nearly 5 years after the filing of the complaint. 

Clamouring to take ‘offence’ at artistic expression or people’s opinions and rushing to file criminal complaints, has become a niche industry in itself. Political outfits, both marginal and mainstream, find these an opportunity to piggyback on others’ celebrity and gain political mileage. It is regrettable that the police and lower judiciary often entertain such frivolous complaints and initiate criminal proceedings. 

Though ultimate conviction leading to punishment is a virtual impossibility, for ‘accused’ like Dhoni and Khushbu, the process is the punishment. Frivolous criminal prosecution abusing hate speech laws violate the letter and spirit of Article 19(1)(a) of the Constitution which guarantees to each and every citizen the right to free speech and expression.