25 Jul. 24: The Bombay High Court on Wednesday quashed a case against two men accused of hurting religious sentiments in a WhatsApp group, noting that people have become more sensitive about religion in recent times.
The court emphasized the need for restraint and respect for all religions in India, a secular and democratic nation. “Nowadays, people have become more sensitive about their religions than before, and everybody wants to impress as to how his religion or God is Supreme,” the court remarked.
A division bench of Justices Vibha Kankanwadi and Vrushali Joshi quashed a 2017 FIR against army soldier Pramod Shendre and medical practitioner Subhash Waghe. The complaint, filed by Shahbaz Siddiqui, alleged that the two men posted offensive messages against the Muslim community in a WhatsApp group.
The court ruled that WhatsApp messages, being end-to-end encrypted, could not be accessed by third parties, and questioned whether such messages could truly outrage religious feelings as defined under the Indian Penal Code, as per a report by the Hindustan Times.
India, being a democratic and secular country, requires respect for all religions and castes, the court observed. However, it advised against immediate reactions to perceived slights. “If a person says that his religion is Supreme, then the other person may not immediately react,” the bench noted.
The judges underscored the necessity for the police to prove that any alleged insult was made with a deliberate and malicious intention to outrage religious feelings. They questioned whether a WhatsApp group chat could indeed have such an effect.
This ruling comes amidst a backdrop of increasing sensitivity around religious issues in India, with the court urging a balanced and thoughtful approach to such matters.
