IMA should not be used to propagate any religion: Delhi Court deprecates Chief Johnrose Austin Jayalal interview to Christianity Today

A Delhi court has deprecated Chief of Indian Medical Association (IMA), Johnrose Austin Jayalal for his statement crediting Jesus for reducing the COVID-19 outbreak (Rohit Jha vs Dr Johnrose Austin Jayalal)..Ajay Goel, Additional District Judge, Dwarka Courts said that IMA platform should not be used to propagate personal religious views. "IMA is prestigious institution whose aims and objectives are meant for the welfare of doctor and other related aspects. Such a platform cannot be used to propagate any individual’s views on any religion....any word spoken by defendant at public platform shall relate to his responsible position therefore responsibility to act cautiously rests heavily on the shoulder of person who is having higher position. Even his casual remarks have great impact on the society. Certain aspects of the interview, while taking prima facie view ,therefore are seemingly not in harmony with Constitution of India," the Court said..The Court further opined that preference of one religion over others by public functionaries strike at the very root of secularism. ."Exclusivism or preference of one religion over others by State or public functionaries or private bodies, while discharging public functions, strikes at the very root of the fundamental values of our Constitution, namely, secularism. It negates neutrality promotes discrimination and denies equal treatment. The exclusive promotion of a particular religion by an institution defies the secular character of the Constitution and denies the constitutional value and morality.".The Court even began its order with the famous couplet by Iqbal, "Majhab Nahi Sikhata Apas Mein Bair Rakhna;Hindi Hai Hum Watan Hai Hindustan Humara;Saare Jahan se Acha Hindustan Humara".The Court stated that it was not inclined to comment upon the controversy of Ayurveda versus Allopathy as every form of treatment had its benefits and drawbacks. It nonetheless cautioned against the use of "any kind of unguarded or loose comment" from those on responsible posts. .The Court was hearing a suit by one Rohit Jha who was "hurt by the malicious and defamatory campaign" by the IMA chief against Hindu religion. .Jha alleged that Jayalal was promoting Christian religion in India "in the garb of proving superiority of Allopathic medicines over Ayurveda medicines in treatment of COVID-19 patients"..Reference was also made to an interview given by him to ‘Christianity Today’ wherein the IMA Chief allegedly credited Jesus for COVID-19 recoveries..In another interview, which was denied by Jayalal, statement was allegedly made on using hospitals for conversion to Christianity..In response, Jayalal argued that the Christianity Today interview did not mean that he was exerting regarding Christianity at any point of time or it was meant to facilitate the conversion..He also alleged that the suit seemed to have been filed at the behest of RSS. It was clarified that Jayalal had never made any aspersions against Hinduism and had never tried to convert anyone. .Considering that the 'Christianity Today' interview stood admitted, the Court opined that the same was "not in good taste". .For the public functionaries which discharge public functions, religion, faith or belief of a person is immaterial, the Court said. .Cautioning public functionaries against any overreach, the Court added,"Saying Christianity and Allopathy are the same and is the gift by western world would be the most innaccurate assertion. Sushrata who was an Indian is considered God of Surgery and surgery is integral aspect of Allopathy.".Following an assurance by the IMA Chief that he would not indulge in similar activities, the Court opined that no injunction was required to be passed. ."It is expected from him that he will not give any such occasion so that people may believe otherwise or indulge in any activity contrary to the principles enshrined in constitution and shall maintain the dignity of position chaired by him," the Court ordered. .[Read Order]