The crime related to blasphemous has been given the section 295A of Indian
Penal code which says that If any person commits the any act with the purpose
of hurting a religious sentiment than he / she will be liable under this
section it is a debate from a long time that blasphemous crime should be
abolished . I am in the favour of abolishment of section 295A with some
point which is given below
(1) Our country is a secular country . The word secular has been added by the
42nd constitutional amendment Act 1976 in our country blasphemous law reduce
the dignity of secularism because according to Indian context The word
secular means the state have no religion while Special laws for religious
community promote the feeling of communalism and Secularism is a main part of
Indian Constitution In the case
SR Bommai v union of India supreme Court held
that Secularism is a basic structure of our constitution it can not be remove
by the procedure of Amendment of constitution
(2) My second argument is that This section was not a part of our Indian
Penal Code when it was enforced it was added in the year of 1927 at that
time All Religious. Community are fight
Against the British government and they want to broke their unity that is why
they criminalized blasphemous act
(3) my third argument is that the law related to blasphemy is against the
Article 191 (a) which talk about the right to speech and expression and of
course there are some restriction has been defined in Article 19 (2) like
sovereignty and integrity of India, security of state , friendly relation with
foreign states, public order, decency, morality, contempt of court defamation
and incitement of offence thus it is clear that it has not define in Article 19
(2) that In the name of hurting a religious sentiment Right to speech and
expression can be violated
(4) if we will look the validity of section 295A of Indian penal code than we
will find that this section promote the feelings of bigotry because Blasphemous
laws protect the malice rules and tradition of fundamentalist for example if
any person talk the bitter truth about any religion than he can be charged under
the offence of section 295A of Indian penal code while Article 51A (e) it is a
duty of the citizen to opposed those practice which is against the dignity of
the women.
(5) the laws related to blasphemy is a violation of right to life of atheist
persons because Religion is a inner matter Anyone can not be force to became a
religious person and Right to express their view includes the right to life and
personal liberty
In the Conclusion I want to says that it is no doubt that the blasphemous laws
has been misused against the progressive and atheist community Ban on book
of Salman Rousdie and exile of Taslima Nasreen is the two best example and law
should be change from time to time and before a 150 year ago sati tradition was
not a crime so I think for the purpose of protecting the right of intellectual
group and atheist this should be abolished without any delay.
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