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Introduction
India is a secular country and the principle of secularism falls in line with the
Preamble of the Constitution along with Article 25, Article 26, Article 27, Article
28, Article 29 and Article 30 of the Indian Constitution. The Constitution of India
grants freedom of religion. The Indian Penal Code discusses the provisions for
offences relating to religion. In the case of Kutti Chanami Moothan v.
Ranapattar (1978) 19 Cri LJ 960, it was held that ‘It is the main principle of
good government that everyone should be offered to proclaim his own religion
and that no man should be suffered to insult the religion of another.’
In simple words, if any act is done by a person which results in defamation and
destruction of any worship place or object (which is declared as sacred by any
religion) with a sole intention of insulting their religion, then that person shall
be held liable under the Section 295 and shall be punishable with imprisonment,
or with fine, or both.
Section 295 enforces people to respect the religious beliefs of persons of any
religion. According to Section 297 of the IPC, “If a person (with an intention of
destroying the religious feelings of any person, or hurt the religious feelings of
any person, or with the knowledge that the feelings of any person are probably
to be hurt or destroyed, or with the knowledge that the religion of any person is
probably to be insulted) commits any trespass in any worship place or place of
sculpture, or any place set aside from the performance of funeral rites or as a
repository for the remains of the dead, or offers any shame to any human body,
or causes disturbance to any persons assembled for the performance of funeral
ceremonies, then that person shall be held liable under the IPC and he shall be
punished with imprisonment of term, mentioned in description which may
extend to one year, or with fine, or with both.”
In simple words, Section 297 deals with punishment to people (with the
intention to hurt religious feelings of another) who commit a trespass in any
worship place, or in sepulture, or burial, or place set apart for burial rites.
1. Intention or Knowledge.
2. Destruction, damage or defilement of:
A Worship place, or
Veneration place.
Worship place, or
Sepulture place, or
A place of performing funeral rites or depository of remains of the
dead.
Intention or Knowledge
‘A’ belongs to Mohammedan religion and he throws a lit cigarette on the Viman
(a holy object of Hindu religion), it cannot be claimed to be an unintentional act.
Such action will be offensive under IPC. Sexual intercourse inside a mosque or a
temple is an offence under Section 297 of the IPC.
This Section gives special protection to assembly worship. It does not extend
over individual worship. An assembly of religion is regarded as lawful unless it
interferes with the ordinary use of the streets by the public.
Conclusion
India is a secular country and every Indian has a ‘right to religion’ given in our
Indian Constitution. Chapter XV (Section 295 to 298) of the Indian Penal Code
deals with offences and punishment of offences relating to religion. No one can
insult anyone’s religious beliefs and any holy object of any religion. If anyone
does so, punishment is mentioned in the Indian Penal Code. Offences relating to
religion are broadly classified into three main categories: Defilement of places
and holy objects of any religion, insulting any religious feelings and disturbing
religious assemblies and religious ceremonies. In this way, the protection of
religious rights is arranged in Indian laws.