[1] Section 153A of the Indian Penal Code prohibits citizens from creating disharmony or feelings of enmity, hatred or ill-will between different groups of people.
Article 25(1) states, "Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion".
Article 19 gives all citizens the right to freedom of speech and expression but subject to "reasonable restrictions" for preserving inter alia "public order, decency or morality".
The Select Committee, before enactment of the law, stated in its report that the purpose was to punish persons who indulge in wanton vilification or attacks upon other religions or their religious figures.
Petitioner argued that IPC 295A (Sec.299 BNS) violated freedom of speech and expression guaranteed under Article 19 (1)(A) of the Constitution and offense of insulting religious beliefs can be committed if there is no danger of public disorder.
[9][10] In 1961, Supreme court found Henry Rodrigues guilty of insulting religious beliefs of the Roman Catholics, and acting with a malicious intention in publishing and printing the same in 'Crusader' magazine.
[11] In 1960, the Supreme Court upheld a decision of Uttar Pradesh government to forfeit all six books written by Baba Khalil Ahamad because it contained derogatory reference to Muawiya, who was governor of Syria and contemporary of Mohammad, which outrages the religious feelings of Sunni Muslim community.
[12] In 1984, Supreme court uphold decision of Bihar government to forfeit all the copies of book 'Vishwa Itihas (Pratham Bhag)' on the ground that it contained derogatory reference to Mohammad which outraged the religious feelings of the Muslim community.
The petitioner, who is publisher, argued that author has relied on the authoritative historical works like the "Outline of History" by RG., Wells, the "Muhamad at Madina" by W.M.G.
[17] In October 2022, a court in Uttar Pradesh (UP) found Samajwadi Party leader Azam Khan guilty of hate speech for his comments against UP Chief Minister Yogi Adityanath in 2019.
She and three others had published a collection of Urdu short stories called Angarey in which they had robustly criticized obscurantist customs in their own community and the sexual hypocrisies of some feudal landowners and men of religion.
[19] In 1933, police arrested Dr. D'Avoine under section 295A for publishing his article "Religion and Morality", which was considered offensive to Catholics, in the September 1933 issue of the magazine Reason.
In 1991, Kerala High Court upheld the ban and observed that the script is against the fundamental belief of the Christian faith and the presentation of Jesus Christ in the play was “both sacrilegious and blasphemous".
[26] In 2005, the Supreme court set aside a decision of West Bengal government to forfeit all copies of the book "Dwikhandita" written by Taslima Narseen.
The West Bengal government ordered forfeiture of all copies of "Dwikhandita" on the ground that it outraged the religious feelings of the Muslim community.
[29] In September or October 2007, police in Pune arrested four Bangalore-based software-engineers for posting on the Internet an obscene profile of Chhatrapati Shivaji, a sixteenth-century Maratha warrior king.
[30][31] In February 2009, the police arrested Ravindra Kumar and Anand Sinha, the editor and the publisher respectively of the Kolkata-based English daily The Statesman for hurting Muslim sentiments.
[36] In a 2012, following an investigation into an alleged miracle conducted with the consent of the church authorities, rationalist Sanal Edamaruku made several disparaging remarks against Christians.
[44] In March 2015, Karnataka Police arrested Sriram Yadapadithaya on the basis of a complaint filed by Fr William Menezes of Mangaluru Catholic Diocese.
[46][47] On 20 September 2016, a blogger named Tarak Biswas was arrested for criticising Islam under Section 295A and 298, besides 66, 67 and 67A of the IT Act after a complaint about hurting religious sentiments was lodged by Sanaullah Khan, a Trinamool Congress leader.
[49] On May 27, 1953, 5:30 pm IST, Periyar E. V. Ramasamy, father of Dravidian Movement, broke the image of God Ganesh in a public meeting at Town Hall.
[51] In December 2006, a complaint was filed against cricketer Ravi Shastri for hurting the religious feelings of Hindus by allegedly eating beef during a Test match in Johannesburg, South Africa.
[53] In May 2007, a Buddhist group in Maharashtra's Amaravati district said their religious sentiments were hurt, and filed a complaint against Rakhi Sawant, an actress, because she posed in a bathtub against a statue of Buddha.
[55] In October 2015, Catholic Church in India demanded ban on the play 'Agnes of God', an adaptation of American playwright John Pielmeier's drama.
[58] The Supreme Court Monday 8 April 2013 issued notice to the central government on a petition seeking framing of guidelines to curb elected representatives from delivering hate speeches in pursuance of their political goals.
It is a precious rights guaranteed by Constitution," a bench headed by Justice RM Lodha said, adding "we are a mature democracy and it is for the public to decide.