“True religion teaches detachment and all its true followers are detached. They don't bother about worldly affairs. Only those who are interested in politics of religion have all kinds of problems,” a bench of Justices S A Bobde and L Nageswara Rao observed.
The court was hearing a plea by Akhila Bharata Veerashaiva Mahasabha that supported the Karnataka government's decision in 1998 to ban and seize a book, 'Basava Vachana Deepti', edited by "Poojya Sri Mahajagadguru Mathe Mahadevi" for hurting religious feelings of the followers of Basavanna, a 12th century social reformer, philosopher and poet.
Senior advocate R Basant, along with advocate Nishant Patil, contended that Basavanna is the founder of a religious sect and Mathe Mahadevi has hurt the religious sentiments by changing the pen name from "Kudalasangama Deva" to "Lingadeva" of "Vachanas". Basavanna's followers are known as Lingayats.
“Vachanas are the foundation of my sect. Those are like the Bible, the Gita and the Quran. My seer's vachanas are being hijacked and outraged. Vachanas are intrinsically related to my sect. Why change the pen name?” Basant asked.
The bench, however, said, “According to our preliminary view, it is a non-issue. Don't read that book. It is her rendition. There are all kinds of views but not everything requires rebuttal or restriction.”
The court said that it would not go into the issue as to whether Lingayats and Veerashaiva form a separate religion. The freedom of speech and expression under Article 19(1)(a) of the Constitution has to be protected and that a mere change of pen name may not amount to insult to the followers of Basaveshwara, it added.
Citing Section 295A of the IPC, pertaining to the offence deliberate and malicious act to outrage religious feelings, the bench said, there were laws enacted by a ruler who wanted to have the power to prosecute people. So, taking offences in all these matters have to be stopped.
Basanth, however, responded, “Emotive sensitivity will have to be taken care of. Our followers are ordinary mortals. In a knowledge society, it may not be necessary. In a plural society, offending anyone feelings is also not accepted.”
“Your arguments that instead of Basavanna, she has become the author is not correct. She is fusing identity of 'Kudalasangama Deva' same as 'Lingadeva'. We are examining if change constituted an insult or attempt to insult. We are trying to see from a point of view of common religious people,” the bench said.
The court will resume hearing the arguments on part of the Karnataka government on Wednesday.
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