Islam should not be criticised maliciously: Bombay HC

The Bombay High Court held on Wednesday (06-Jan-2010) that any religion can be criticized, but not malicious criticism. This judgement is welcome. It is really good to see that authors like R. V. Bhasin, who are religious fanatics in disguise, are not given a go ahead with their writings. When one criticises something or someone, he should learn about it first. Does Mr Bhasin even know what Islam is?? It is unfortunate that without knowing anything about it.. ill-research writers like him publish their hatred in the name of freedom of speech. People like him create divide and spread hatred instead of peace.

ISLAM extends tolerance to human beings in general, regardless of their religion, race, caste, color or creed. Allah Almighty addresses Prophet Muhammad (peace be upon him) in the Quran: “We sent you not but as a mercy for all creatures.” (Surah Al Anbiya 21:107)

One of the aspects of mercy is tolerance, so was Prophet Muhammad (peace be upon him) tolerant to all people. Islam extends tolerance to human beings in general, regardless of their religion, race, caste, color, creed and sex and sees to it that this quality is instilled in all the followers of Islam.

Most human beings possess the characteristic of being kind to those who are weak, to those who are oppressed. However, very few possess the quality of being kind to their enemies. Prophet Muhammad (peace be upon him) possessed this quality to a surprising degree. History bears witness to this fact.

Certain critics of Islam allege that Muslims are “intolerant”. Yes Muslims are intolerant toward injustice, toward oppression, toward tyranny, toward hatred, and toward anti-social elements of society. At the same time, Muslims are tolerant toward kindness, toward love, toward mercy, toward justice and peace. Says Allah in the Quran: “There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path. Whoever disbelieves in Taghut and believes in Allah, then he has grasped the most trustworthy handhold that will never break. And Allah is All-Hearer and All-Knower.” (Surah Al Baqarah 2:256)

We as Indians do want to stay united as Indians and to stay on our course of development & success rather than doing “Bad Criticism” for our religions. We have more problems to face in the time to come, rather than to face a religious conflict rising out of a “Bad-criticism” leave alone wrong and malicious statements about each others religions. I fully understand that, we being a democratic Nation are open to criticism and that includes all religious criticism. Given the premise that Criticism is based on truth and reality and not on lies and despute. Yes, I agree that criticism that evokes a religious-healthy debate is welcome; and any criticism that invokes hatred and hatred-mongering is not good for our country and also not good for the society as a whole. India currently stands on a big troubles of Economic Turndown, Global Warming, Joblessness, ever rising inflation of commodities, food shortages and what not. At this time we shall stand united and work for the common cause, rather than creating religious discord & despute.

I believe that this judgement should serve purpose and should stop dangerous fanatics from spreading their hatred ideology around. I also believe that this should make writers research well and hence learn about Islam. It is really unfortunate that Islam is probably the most bashed religion around the world. Controversial and fanatical writers make Islam their subject ladder to climb up the path of fame and publicity through controversial and ill-researched writings. I have never come across a Muslim who would just bash other religion. This is because we have morals and standards which we live by and we fear God.

==========================================

The Report :
Source :
http://www.zeenews.com/news593298.html

Islam should not be criticised maliciously: Bombay HC

Updated on Wednesday, January 06, 2010, 23:50 IST

Mumbai: Islam or any other religion can be criticised, but a malicious criticism aimed at promoting communal hatred and painting the whole community as villainous is not permissible, Bombay High Court held on Wednesday.

Refusing to interprete Quranic verses, Court however advised that verses must be “correlated”, and historical background must be kept in mind when interpreting.

A full bench of the High Court upheld the ban on ‘Islam ? A concept of Political World Invasion By Muslims’, written by advocate R V Bhasin. Bhasin had challenged the ban, saying that it violated right to freedom of speech.

The book was banned in state government in 2007, on the ground that it contained derogatory remarks about Islam and prophet Mohammad and insulted Muslim sentiments.

The 3-member bench of Justices Ranjana Desai, Dhananjay Chandrachud and R S Mohite held that “In our constitutional set up, everything is open to criticism and religion is no exception to it.”

“Every religion, whether it is Islam, Hinduism, Christianity or any other religion, can be criticized… Even if the author is wrong, he has right to be wrong.”

But, the judges added, “But what needs to be seen is whether the author has done this exercise bona fide.” In Bhasin’s case that was not so, court held, saying the book might lead to communal trouble.

Bhasin’s controversial book argued that philosophy of Islam encourages terrorism, and does not tolerate those of different faith.

However, court pointed out that in the case of religious scriptures, several interpretations are possible.

“Ayats (Quranic verses) will have to be correlated. Some of the Ayats are indeed strongly worded and appear to have been directed against idol worshipers. Having read the commentaries we feel that perhaps it is possible to urge that they relate to an era when the Muslims were attacked by the Pagans…” the court observed.

“An author has a right to put forth a perspective that a particular religion is not secular,” court said, but added that in Bhasin’s case, “the criticism is not academic. The author has gone on to pass insulting comments” about Muslims, particularly Indian Muslims.

“If writing is calculated to promote feelings of enmity or hatred it is no defence to a charge under Section 153-A of the IPC (promoting enmity between communities) that the writing contains a truthful account”.

Court also observed that the entire community can be painted as villainous… “It cannot be denied that misguided Muslim youth have indulged in acts of terrorism. But misguided youth are in every religion.”

-PTI

About navedz

Check Also

Marriage_dowry_mahr

Mahr (Dowry) should be a small amount and that people should not compete – Imaam Ibn Baaz

[Q]: I and many others have observed that many people are very excessive when it comes …

One comment

  1. Howard Roark,New Delhi,says:Limiting freedom is as good as taking that freedom away!
    [7 Jan, 2010 0916hrs IST]

    Sesha,hyderabad,says:Good Judgement by all means. Let the public know the actual facts irrespective of religion,caste and creed. Of the late many good judgements are coming.
    [7 Jan, 2010 0858hrs IST]

    vijay,uae,says:This is not landmark judgement, this is pure oneside and biased.
    [7 Jan, 2010 0857hrs IST]

    Dev,Mumbai,says:Our pseudo-democracy at work again. Why does an author have to be pedantic and scholarly while criticizing silly fairy tales that have made the lives of millions since aeons unnumbered a complete hell? You can’t have conditional freedoms and freedom of speech, Bombay HC. Stop Indianizing Western concepts; either accept them as they are or forget the whole farce.
    [7 Jan, 2010 0845hrs IST]

    naro,delhi,says:People like R V Bhasin are religious fanatics in disguise. They are the ones that create religious disharmony in the guise of ‘intellectual’writings. It is justified of the court to ban such controversial and ill researched ramblings of a potentially dangerous fanatic.
    [7 Jan, 2010 0830hrs IST]

    A.N.,Canada,says:This is a flawed report prepared possibly with some malicious intent.India is a very secular country and people do regard others’religions with respect.
    [7 Jan, 2010 0758hrs IST]

    Sharad,US,says:How does one decide what is done with malicious intent and what is not ? The danish cartoon became such a big issue world wide, even muslims in India started issuing fatwas and when Hussain painted a hindu goddess naked, there were cries all around that it was a form of art and not malicious. So the religious tolerance also plays a role on decided what others can say about their religion. Say anything against Islam, even christianity, and you will be persecuted. Does anyone in India has any guts to say what he/she feels about Islam or christianity ? During the recorded history of human civilisation, the maximum number of killings in the name of religion has happened for Islam and then Christianity. History tells us that people who refused to convert were hacked to death. There is no religion as tolerant and inclusive as Hinduism and Buddhism.
    [7 Jan, 2010 0743hrs IST]

    Ben,Minneapolis, USA,says:The US has freedom of speech. You may not agree with my views but I have the freedom of speech enshrined in the bill of rights. If in India a book or a speech leads to violence, then the violent criminals must be held to account. Speech should not be curtailed for social “cohesion”. Otherwise India risks becoming a closed society and fearful of knowledge not unlike Saudi Arabia or Pakistan.
    [7 Jan, 2010 0724hrs IST]

    Osho,India,says:Thanks – I was able to access the book in full on the internet through google. It is quite academic, informative and comprehensive and cites sources like Dr. Ambedkar etc. which can be independently verified. Definitely worth a read – ban or no ban. Indian “pseudo-secularism” is alive and well – ban/divergent academic discussions (this book), ban fiction (Rushdie), take poor divorcees right to maintenance (Shah Bano), have separate personal laws for Muslims in a “secular” country. Civilizations that do not learn from mistakes in history are bound to repeat them. Incredible India !
    [7 Jan, 2010 0717hrs IST]

    Hari Nair,Mangalore,says:Very good. The minority community wants freedom on selective subjects and in complete compliance to their demands on others. For votes the politicians cater to them.
    [7 Jan, 2010 0701hrs IST]

    Rajiv Modi,Bhopal,says:Kabir would have been very happy! His two liners are still relevent and show mirror to our dogmas and narrow interpretation of our religions. Had religions come from haven,they would have included entire humanity in their fold instead of dividing us. Lets reform these man-made religions by heeding to such secular men like Kabir.
    [7 Jan, 2010 0655hrs IST]

    Ramachandra,australia,says:Pro-Congress, Pro=Appeasement Judgement,,,, So obvious.. Bhasin has the courage to state the FACTS about ISLAM… So this kind of Judgement has to follow and was expected.. But Judgements like these cannot suppress the truth forever..
    [7 Jan, 2010 0605hrs IST]

    a hindu,charlotte,says:I go with the author. The case should be taken to the Supreme Court. The book clearly gives the facts of the history which are proven by so many historians. The language in the book is very subjective matter and to say it is academic or not is up to the individual. But I am not surprized with the decision. Anything against minority will be upheld in this so called “secular” government- both in the state and center.
    [7 Jan, 2010 0548hrs IST]

    ssmoorthy,carmel usa,says:Though I have not read the book,I agree with the judgement.Majority of Muslims in India are law abiding and understanding.They are also highly successful.So also Hindus,Christians,Jains,Sikhs,Budhists and Pharsees are good people.The problem arises when a fraction of a religious group incites violence or terrorism.India is a majority Hindu religion which by philosophy and practice a peaceful religion.Being vegetarions the Hindus are physically weak.As Islamic fundamentalism and violence against Hindus increased Hindus have to write,as they cannot attack physically,critical of the Islamists.Pakistan is the only country which addresses India as Hindustan.It is irritating?There are as many Muslims in India!Islamists want to provoke the Hindus.This is sad and Muslims cannot live in peace with other religions.Iraq is the only secular country amongst the Islamic countries.May be Islam should appreciate that praying to God in any form or in any religion is Praying to the same GOD as god is only one.
    [7 Jan, 2010 0536hrs IST]

    Divya,New York,says:Fantastic and looooooooong due! Free Rushdie’s Satanic Versus- it’s a wonderful read!
    [7 Jan, 2010 0524hrs IST]

    pandeswar c.c.,Bengalooru,says:Judgment of Bombay Highcourt is apparently welcome.Let us not waste our energies in criticising each other relegion.Let us respect good points of each relegion and ignore what is not palatable.Yes, some section of Hindoos are worried about growing numerical strengthof Islam,but brain power and not brawn power is important.Fittest of the survival holds good for all times.
    [7 Jan, 2010 0524hrs IST]

    Shriniwas,Pune,says:Firstly What a useless Judgment in the time of internet and e-books. No form of information can be banned or censored as there are a million ways to avoid it. The publisher may not make money but the writer can simply email the soft copy to millions of people or upload it to a website or ask people to take printouts and distribute. The SC should re-examine its own verdict that says the book will incite violence. when its well known throughout the world that muslims think their God is the true and only God and the infidels must be put to death. Israel, Hindus, Europe and America know this. They dont need books or any SC judgement to be re-educated. How can the Supreme court hide the truth? The book only writes the truth. Not all Muslims want to kill infidels, but a powerful subset of their community does which puts the world in danger. While the hysteria should be downplayed, they cannot ban a book saying it incites violence. The Quran itself incites violence against infidels, then why doesnt SC ban that book?
    [7 Jan, 2010 0458hrs IST]

    Prem,Sydney,says:The Judgement seems practical as long as we can surely state that comments that are intended to hurt others are “consitently” punished. A good case in point from recent utterings is that of the TN CM asking ” Which Engineering College did Rama go to learn the science of Building Bridges ” while talking about the Sethu Project” ..I feel it is clearly a comment which surely “hurts” the religious Hindu and needs appropriate reprimand too. Consistency is key and care for others feelings is Civic Sense.
    [7 Jan, 2010 0454hrs IST]

    Ram ,USA,says:The Indian judiciary has no god given organs or any estrogen or testoterone in theirpouches.. This judgement is a go ahead to attack Hinduism and appeasement of Indian muslims whose very existence in India is due to the impotent power crazy congress leaders who governed India at its birth in the middle of the night when Jackals howled.Instead they breed like mosquitoes eating the vitals of India.A muslim owes allegiance only to a messiah of stone age ideology not even to their parents. The kith and kin of the judiciary when they are neutered will realize the folly of their foster parents.
    [7 Jan, 2010 0452hrs IST]

    Mohan,Delhi,says:Hon’ble High Court has found this book offensive,but maybe it’s time we discuss the various facts mentioned in book – are they true of false – if true what is the stand taken by Muslims on these facts – after all these are the facts which drive misguided Muslim Fanatics to murder hundreds of innocent persons every month in name of Islam.
    [7 Jan, 2010 0419hrs IST]

    Nelson,Canada,says:By banning the book justice has been trampled upon. Sometimes facts can be very unpalatable and may upset certain sections of society. That should not be the criterion for banning any book, film or publication. The judgement is out of touch with the current world situation. The book would be a cautionary advice to the unsuspecting. Once again political correctness has trumped freedom of expression.
    [7 Jan, 2010 0418hrs IST]

    Harpreet,!,says:It will be followed by legal way for Hindus to butcher and clean other religion and ethnicities from their so called ‘Hindu Rasthra’
    [7 Jan, 2010 0410hrs IST]

    P.M.G,Pillai,Mannar,Allaopuzha,Kerala India,says:dear on line editor, Freedom of speech emanate from freedom of thinking ,then gtrredom of thinking atises only when the brain cells and the mental oscillations are along a frequency acceptable to the central oscillater which controls the whole system.But any openion can be termed as hatred depending on the way it is interpreted.A very good openion expressed can become badmhatred ec by attributing motives to it whih the original person never imagined while expressing it.Hence as time passes and people throw away the shackles around the mental thinking bew and fresh thinking takes place it means new thought, new interpretations etc This novement shouldnot be restricted or hedged but allowed to develop and evolve new ideas,new thoughts around this new interpretations.Malacious is a word or a term which needs deep thinking and interpretation because anything can be termed malicious in the context of certain other details and a new way of thinking based in INTOLERANCE.Only liberal thinking will rolerate a different view hence what is required is liberal thinking on all religion.When the thinking becomesNARROW intolerance commences in he mind creates hatred, ill will etc Every person do have the right to read and interpret what is wtitten years ago when that thinking which caused this writing was based on theenvironment existing then hence what is thought then might turn to be obsolelete in the present dayThinking, intepretations etc must be a continous process in life dated January 07th 2010 Time 0405Hrs ist AM
    [7 Jan, 2010 0406hrs IST]

    Kootala Raman,New Delhi,says:The book contains “highly objectionable and disturbing” statements about the author’s wishful thinking of an impending war between Muslims and others and how Indian Muslims want to convert all Hindus, attack temples and Hindu women. Statements like these are “likely to incite people to violence and may promote violence, enmity or hatred” – If this is the view of the Hon’ble High Court then all the newspapers, tv news, periodicals containing news about the demolition of the disputed structure in Ayodhya should have been banned. Only the newspapers/news channesl and periodicals started the widespread rioting by Muslims in India and abroad which resulted in deaths and destruction of temples and private
    [7 Jan, 2010 0315hrs IST]

    PRashant,Pune,says:Very thoughtful verdict.
    [7 Jan, 2010 0302hrs IST]

    King,pune,says:Better to avoid writing anything against any religion if u cant find anything good about any religion — this indicate ur a mentally retarded author……. Mr. Bhasin I would like to tell u , ur initiating a spark , which may devide the whole country , ur working as a pakistani & u completing their mission of division of India. U must know That in 1991 A RATH YATRA to Ayodhya end up with thousand of Indian lost their lifes ( not hindu or muslim).
    [7 Jan, 2010 0231hrs IST]

    YD,Canberra,says:Bombay high court is right that a healthy criticism is no crime, in that case, why ‘Satanic Verses’ and ‘Lajja” are banned in India ? These two books have nothing to do with religion. India is a two faced country, from now on, everyone will criticise Hinduism but no one will be allowed to criticise Islam or Christianity. The judiciary itself has become foul. This ruling is a weapon in the hands of media and Hindu bashers to foul-mouth Hindus and Hinduism.
    [7 Jan, 2010 0222hrs IST]

    mahtab ,London,says:The ban on the was was justified as rightly upheld by the court. Malicious design and intension of such nature should be discourage. A world full with lot of hatred requires constructive thoughts and not the destructive idea that aid on to already divisive society. Indeed, it was a landmark judgement.
    [7 Jan, 2010 0220hrs IST]

    Mohammed Fareeduddin Siddique,Riyadh Saudi Arabia – Hyderabad,says:I highly appreciate the Courts Verdict; Congradulations to all the persons involved in this land-mark judgement. We as Indians do want to stay united as Indians and to stay on our course of development & success rather than doing “Bad Criticism” for our religions. We have more problems to face in the time to come, rather than to face a religious conflict rising out of a “Bad-criticism” leave alone wrong and malicious statements about each others religions. I fully understand that, we being a democratic Nation are open to criticism and that includes all religious criticism. Given the premise that Criticsm is based on truth and reality and not on lies and despute. Yes, I agree that criticism that evokes a religious-healthy debate is welcome; and any criticism that invokes hatred and hatred-mongering is not good for our country. Any book, that incites hatred and religous disharmony shall be similarly put down into the trash-bins. Even in this age of Internet, such books shall be banned and thrown out of print. This judgement shall serve as a deterrant to any future similar disturbance mongers. India currently stands on a big troubles of Economic Turndown, Global Warming, Joblessness, ever rising inflation of commodities, food shortages and what not. At this time we shall stand united and work for the common cause – first being a food shortage and we needs a newer better green revolution rather than this religious discord & despute. We all, As Indians, know and realize that our freedom has come with responsibilities and it did not come to us free of cost. We have paid heavily for our freedom and democracy and we realise as Indians that our freedom & Democracy is not without its associated responsibilities. Freedom is NOT a free bull on the streets to butt anyone in its way. Jai Ho and Jai Hind Mohammed Fareeduddin Siddique 00966535082202 fareed_siddique@yahoo.com Riyadh Saudi Arabia
    [7 Jan, 2010 0219hrs IST]

    M. Asif,USA,says:Any sort of criticize on islam is taken by outrage and violence. In every case where you try to discuss, criticize or even understand Islam a Fathwa is issued to get you killed. So I don’t think that there can ever be a healthy criticism about Islam in India. I bet I will be called a traitor by my muslim brothers for saying this out loud.
    [7 Jan, 2010 0212hrs IST]