HC Cancels Complaint Against Kailash Kher for Allegedly Hurting Religious Sentiments

New Delhi (The Uttam Hindu): The Bombay High Court has quashed a complaint against singer Kailash Kher for allegedly hurting religious sentiments through his song "Babam Bam" on Lord Shiva. The court cited the author's A.G. Noorani's views on intolerance and dissent, emphasizing that criticism of orthodoxy should not be a cause for societal division.

The complaint, filed by Narinder Makkar in Ludhiana, accused Kher of showing a vulgar video in the song, which included scantily dressed women and people kissing. Makkar, a self-identified Shiva worshiper, claimed the video was offensive to religious sentiments.

In its ruling, a division bench of Justices Bharati Danger and S.C. Chandak found no malicious or deliberate intent behind Kher's performance. The court stated that the lyrics of the song are intended as praise for Lord Shiva and his attributes, and that not all actions disliked by some individuals can lead to accusations of outraging religious feelings.

The court referenced the view expressed by A.G. Noorani on how intolerance toward dissent has plagued Indian society and emphasized the importance of accepting the right to dissent in a free society. It also clarified that to make an accusation under Indian Penal Code (IPC) section 295A, a person must have a deliberate intent to offend religious feelings. The bench ruled that there was no such intent from Kher, who merely sang the song.

Kailash Kher had moved the Bombay High Court in 2014 after the complaint was filed. At that time, the court had granted interim relief, preventing any coercive action against the singer. Kher’s lawyer, advocate Ashok Sarogi, argued that the video had been cleared by the Central Board of Film Certification and that Kher was not responsible for the choreography.

The High Court's ruling reaffirms the importance of free expression while rejecting claims of religious offence based solely on personal sensitivities.