[Tandav FIR] Ten reasons why the Allahabad High Court rejected the anticipatory bail by Aparna Purohit

The Allahabad High Court's 20-page order rejecting anticipatory bail plea by Amazon Prime India Head, Aparna Purohit was replete with observations to guard against hurting religious sentiments and the depiction of Hindu Gods and Goddesses in an insidious manner in films. .Justice Siddharth took strong exception to Hindu Gods and Goddesses being subject to repeated ridicule in "popular culture" stating that such people make revered figures of the religion of the majority community a source of earning money in the most brazen manner taking benefit out of the liberal and tolerant tradition of the country..Below are ten reasons why the High Court found it a fit case to deny anticipatory bail..Lampooning Hindu Gods and apologising later not good enough.The Court opined that revered characters of the majority community of India were lampooned and portrayed in a very cheap and objectionable way.An apology or withdrawal of scene after its streaming would not absolve the accused persons of the offence committed by them, the Court said. ."The alluding to Lord Rama gaining popularity on social media is clear pointer to the dispute regarding the construction of Lord Ram’s temple. The dialogue between the two Hindu Gods in episode 1 is shown in a very insidious manner. Devakinandan is abusing the man of lower caste working as a cobbler. Comment has been made regarding grant of reservation to scheduled castes," the Court observed. .Use of the word “TANDAV” as the name of the movie can be offensive to the majorityThe Court said that "it is a onerous duty"of every citizen to respect the feelings of the people of other faith even while making a fictional show. In this regard, it was observed that the name of the movie itself was offensive. ."The use of the word “TANDAV” as the name of the movie can be offensive to the majority of the people of this country since this word is associated with a particular act assigned to Lord Shiva who is considered to be creator, conservator and destroyer of the mankind all together," the order stated..Purohit irresponsible, allowed streaming of Tandav which against the fundamental rights of the majority of the citizensThe Court said that Purohit acted irresponsibly by permitting the streaming of a movie that was against the fundamental rights of the majority of citizens of this country."Therefore, her fundamental right of life and liberty cannot be protected by grant of anticipatory bail to her in the exercise of discretionary powers of this Court.".Whenever such crimes are committed, forces inimical to the country become active and defend such accusedThe Court further noted that whenever such crimes are committed by some citizens of the country, forces inimical to the interest of this country become active."They hold protests and demonstrations and make it an issue and raise it before different national and international forums alleging that the Indian citizens have become intolerant and “India” has become unsafe place to live," the order read. .Sectarianism, bigotry and fanaticism should be done away withThe Court also adverted to the Chicago address of Swami Vivekananda on September 11, 1893, at the First World’s Parliament of Religions, where he said that the goal of all the religions is the same. "All the religions are like different rivers having different paths but all merge in the same ocean which is the ultimate truth or God. Therefore, sectarianism, bigotry and fanaticism have to be done away with," the Court observed. .Purohit not co-operating with investigation dis-entitling her to any reliefPurohit, the Court noted, had filed another anticipatory bail application, in which a co-ordinate bench already granted her protection from arrest. However, she was not co-operating with the investigation, the Court said. "This conduct of the applicant shows that she has scant respect for the law of the land and her conduct further disentitles her to any relief from this Court, since co-operation with investigation is a necessary condition for grant of anticipatory bail.".Attempt made to widen the gap between the higher castes and the scheduled castesIt was also the Court's finding that the show in question attempted to widen the gap between the higher and lower caste in the society.."On the one hand, the sentiments of majority community have been hurt by display of the characters of their faith in disrespectful manner and on the other hand, an attempt has been made to widen the gap between the higher castes and the scheduled castes when the object of the State is to bridge the gap between the different castes and communities and make the country a united force socially, communally and politically," the order noted..Clear intention to humiliate women of Scheduled CasteThe Court opined that after reviewing episode six of the series that there 'was a clear intention to humiliate the women of schedule caste."Irrespective of caste, boys and girls are marrying and the message given in the movie that if a man of lower caste dates a woman of higher caste, it will amount to revenge for the centuries of atrocities committed against people of lower caste by dating of woman of higher caste is not as per Article 38 of the Constitution of India. The aforesaid scene shows the members of scheduled castes in the manner of intentional insult with the intent to humiliate in a movie meant for public view and therefore, the implication of the applicant for offences u/s 3(1)(r) of the S.C./S.T. Act is made out. Similarly, the utterances of Devakinandan regarding cobbler are objectionable," the order said. .Bollywood maligning Hindu Gods and GoddessesThe Court was very critical of the role of Bollywood in depicting Hindu Gods and Goddesses in a disrespectful manner. .While Western filmmakers have refrained from ridiculing Lord Jesus or the Prophet, Hindi filmmakers have done this "repeatedly and unabashedly with Hindu Gods and Goddesses."The judge said that a number of movies have been produced which have used the name of Hindu Gods and Goddesses and shown them in a disrespectful manner (Ram Teri Ganga Maili, Satyam Shivam Sundram, PK, Oh My God, etc.).."Not only this, efforts have been made to subvert the image of historical and mythological personalities (Padmavati). Names and icons of faith of majority community have been used to earn money (Goliyon Ki Rasleela Ram Leela). This tendency on the part of the hindi film industry is growing and if not curbed in time, it may have disastrous consequences for the Indian social, religious and communal order.".The Court also lamented that the young generation, which is not so aware of the social and cultural heritage of this country, will be swayed by what is shown in the movies by people like the accused persons. It will, thereby, destroys the "basic concept of the survival of this country having tremendous diversity of all kinds as a united nation.".Munawar Faruqui, gained undue publicity on being arrested in a caseOn similar terms, the court expressed that the trend of hurting religious sentiments has shifted, now it has appeared in "comedy shows". In this regard, the court adverted to the recent arrest of Munawar Faruqui. "Things are worsening as is evident from the fact that an obscure stand-up comedian, Munawar Faruqui, from Gujarat made comments on Hindu God and Goddesses in a new year show at Indore and gained undue publicity on being arrested in a case..Such people make the revered figures of religion of majority community source of earning.".[Read Judgment]