Insult to “Hindutva” not religious insult to attract Section 295A IPC : Abhinav chandrachud argues in Karnataka HC seeking quashing of FIR
The advocate, Dr. Abhinav Chandrachud submitted that “hindutva is not a religion and insult to it cannot be regarded as a religious insult.” He submitted it before the Karnataka high court while appearing in a case seeking quashing of FIR.
He submitted that “hindutva” can be considered to be a philosophy, a way of life, or even predominant ideology of a political party. When somebody insults, even perhaps uses very derogatory and abusive language against “hindutva”, that it is not a religion but insult to a political philosophy. It is an offence under Section 295A of the Indian penal code is not made out.
He made these submissions while seeking to quash two first information reports registered against a law student who is booked under Section 295A, 153A, 149 and 448 of IPC, for allegedly holding an objectionable placard during a protest held against the citizenship amendment act at the govt arts college, Bengaluru.
Section 153A IPC, Chandrachud submitted that the law is well settled that there must be two communities involved, mere insult to one community will not attract the offence under Section 153A IPC.
No offence under Section 153A and 295A is made out even if the contents of the FIR are accepted in its entirety.