PIL Filed In Bombay High Court Seeking Guidelines Against Derogatory Remarks About Deceased Public Figures

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor posted the matter for hearing on August 7. The PIL was filed in response to remarks made by Hindutva activist Sambhaji Bhide about Mahatma Gandhi.

The petitioners clarified that their grievance is not personal against Bhide but rather stems from their concerns about his recent remarks.

The petition raises concerns about recent offensive utterances targeting historical figures such as Chhatrapati Shivaji Maharaj, Chhatrapati Sambhaji Maharaj, Mahatma Gandhi, Mahatma Jyotiba Phule, Savitribai Phule, and Jawaharlal Nehru, among others.

The petition was filed on August 3, by Maharashtra Gandhi Smarak Nidhi (MGSN) along with social activists Dr Kumar Saptarshi and Anvar Rajan.

The petitioners acknowledged having reservation and strong objections about the ideology of Vinayak Savarkar, whom they recognized as "a great patriot." However, the petition emphasized that the petitioners do not endorse any attacks on Savarkar concerning his personal character or decisions.

The petition highlights the urgency of restricting the unregulated circulation and forwarding of video clips containing Bhide's utterances on social media platforms like WhatsApp, YouTube, and Facebook. A lack of immediate action could disrupt the social and ethical fabric of the country, particularly concerning the revered deceased figures targeted by derogatory remarks, as per the petition.

According to the petition, the existing legal framework, including sections 499 and 500 of the IPC, which define offense of criminal defamation and prescribe punishment, is inadequate to address this issue. The petition states that the issue poses a serious threat to public tranquillity and peace, necessitating the intervention of the court.

The petition also notes that many individuals belonging to the same group, religion, caste, or gender as those making the derogatory remarks do not share such views. However, they may feel hesitant to voice their concerns or criticize the person making derogatory remarks, fearing backlash from the majority of their group. This situation leads to irreparable damage to national unity, the petition states.

The petition also seeks to quash the words "..... and is intended to be hurtful to the feelings of his family or other near relatives" explanation in section 499 of the IPC. According to the petition, these words violate Articles 14 and 21 of the Constitution as they imply that defamatory statements made about deceased individuals are an offence only if they harm the reputation and are hurtful to their close relative. This provision discriminates against followers of a person who are not close relatives, the petition states.

The petition also prays for directions to the Maharashtra government to identify deceased individuals held in high esteem by various groups in the state and declare an official list. Following this, the petition proposes issuing directions to prohibit the publication of derogatory remarks about any such revered persons on any platform, including social media.