The Allahabad High Court has held that it is wrong for any
religion to claim that it is the only true religion, as such a claim implies a
disparagement of other faiths and can hurt religious sentiments. The Court
observed that statements asserting the exclusivity of one religion,
particularly when made in public prayer meetings, may attract the provisions of
Section 295-A of the Indian Penal Code if they are made with deliberate and
malicious intent to outrage the religious feelings of any class of citizens.
A Single Bench of Justice Saurabh Srivastava passed the
order while dismissing an application filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS) by Reverend Father Vineet Vincent Pereira, a
Christian priest. The applicant had sought quashing of the chargesheet, the
cognisance order, and the entire criminal proceedings initiated against him
under Section 295-A IPC. The case was registered on the basis of an FIR
alleging that during a prayer meeting, the priest repeatedly stated that
Christianity is the only true religion, thereby hurting the religious
sentiments of the Hindu community.
The applicant contended that he had been falsely implicated
in the case. He submitted that he had never indulged in any illegal conversion
of religion, particularly among the marginalised sections of society, nor had
he spoken against any other religion. It was further argued that the
Investigating Officer had itself concluded in the chargesheet that no illegal
conversion had taken place. Despite these submissions, the High Court found no
merit in the plea for quashing the proceedings.
The Bench carefully examined the contents of the FIR, which
alleged that the applicant, during his prayer meetings, frequently asserted
that there is only one true religion, Christianity and that such statements had
hurt the sentiments of Hindus. The Court observed that India is a secular
nation where people of all faiths live together with mutual respect. In this
constitutional framework, it is impermissible for any religion to claim
superiority or exclusivity by declaring itself as the only true faith, as such
assertions tend to disparage and insult other religions.
Referring to Section 295-A IPC, the Court explained that the
provision penalises deliberate and malicious acts intended to outrage the
religious feelings of any class of citizens by insulting their religion or
religious beliefs. The Bench held that the statements attributed to the
applicant in the prayer meetings prima facie fell within the ambit of this
section. The Court noted that at the stage of taking cognisance or considering
a quashing petition, the Magistrate is only required to form a prima facie
opinion based on the material available on record. The Court is not expected to
conduct a mini-trial or examine the defence of the accused in detail. All the
submissions advanced on behalf of the applicant related to disputed questions
of fact, which cannot be adjudicated upon by the High Court while exercising
its limited jurisdiction under Section 528 BNSS.
The Bench emphasised that the power under Section 528 BNSS
is extraordinary and should be exercised sparingly. Since the FIR and the
material collected during investigation disclosed a prima facie case under
Section 295-A IPC, interference by the High Court at this stage was not
warranted. The Court accordingly dismissed the application, holding that the
proceedings against the applicant could continue before the trial court.
This judgment reiterates the constitutional value of
secularism and the need for religious harmony in a diverse country like India.
It makes it clear that while every citizen has the right to practise and
propagate his or her religion, this freedom does not extend to making public
assertions that denigrate or insult other faiths. The decision serves as a
reminder that religious discourse must be conducted with sensitivity and
respect for the beliefs of others, particularly in a secular democracy where
all religions are entitled to equal respect and protection under the law.