In a significant ruling, the Bombay High Court has set aside a 2010 hate speech case against actor and television host Shekhar Suman and comedian Bharti Singh. The case stemmed from a comedic performance aired on the television show Comedy Circus Ka Jadoo.
The court ruled that the joke in question did not amount to an offence under Section 295A of the Bharatiya Nyaya Sanhita, which deals with deliberate and malicious acts intended to outrage religious sentiments. According to the bench, there was no evidence of malicious intent behind the performance.
Justice Amit Borkar observed that criminal law should not be invoked lightly against artists, especially in cases where content is taken out of context. He emphasised that for an offence under Section 295A to be established, there must be clear proof of deliberate targeting of religious beliefs and an intention to offend — both of which were absent in this instance.
The case revolved around a line used during the act — “Ya Allah! Rasgulla! Dahi Bhalla!” — which the complainant had alleged hurt religious sentiments. However, the court noted that the words were used purely for rhyme and comic effect. It further clarified that items such as rasgulla and dahi bhalla are common foods with no inherent religious connotation.
The court stated that mere mention of such food items in a humorous context cannot be construed as an insult to religion. It added that something more substantial is required to establish that the words were intentionally used as a “weapon of offence.”
The FIR had originally been registered in 2010 following a complaint by a member of the Raza Academy regarding an episode that aired on November 20 that year. At the time, Shekhar Suman appeared as a judge on the show, while Bharti Singh performed in a segment that featured humorous portrayals of various professions.
With this ruling, the court has reinforced the importance of intent in cases involving artistic expression, underlining that humour, when not driven by malice, should not be criminalised.
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