Criticism is a democratic right upon which the democracy thrives: Madras High Court

A criminal case was lodged against a comment marked by Kamal Haasan in the year 2017. The private complainant watched the television show called Puthiya Talaimurai TV Channel where the host posed a question about the increase in the violence in the society, especially against the marginalized gender i.e. females. The answer by Haasan had the historical reference to the Hindu Epic Mahabharatha by stating “nothing is surprising about the increasing violence on women in the country, which reveres Mahabharatha, which depicts the use of women as collaterals during the gambling.”

The complainant claimed that Haasan’s comment has infringed the religious sentiments of the people from the Hindu religion, insulted the Hindu religion, and should be punished under section 298 Indian Penal Code, 1860.

The case was quashed by the Madras High Court stating that the Right to Criticism is the part and parcel of a democratic society – it forms the very essence on which democracy thrives and society evolves. The offence has not been commissioned or committed under section 298 of IPC because the words used were generic in character and not specifically targeting any community, sect, or religion. It is just a reference to explain and answer the question which was proposed by the anchor and there was an absence of mens rea on the part of Haasan.

The Court said that it is a basic right of everyone to make a comment and draw analogies. By that process, only arts, literatures, and fine arts are developing. No citizen got any right to stall the thought process of a fellow citizen simply because he thinks it is wrong. A wrong may be right in one’s own thought. But, that will not give any right of cause of action to another, to initiate criminal prosecution. It is a public platform and one is free to express his/her opinions freely.