PRAYAGRAJ: The Allahabad High Court has observed that claiming any religion to be the “only true religion” is inappropriate in a secular country like India, as it amounts to disparaging other faiths and can attract penal provisions under the law.
In a judgment dated March 18, Justice Saurabh Srivastava dismissed a petition filed by Reverend Father Vineet Vincent Pereira, who had sought to quash proceedings against him under Section 295A of the IPC, which deals with deliberate and malicious acts intended to outrage religious feelings.
The case stems from an FIR alleging that the applicant conducted prayer meetings where he repeatedly stated that Christianity was the only true religion, thereby hurting the sentiments of members of another faith.
During the investigation, police found no evidence of illegal religious conversion. However, a chargesheet was filed in connection with allegations of making statements critical of other religions.
The petitioner’s counsel argued that he had been falsely implicated and that the FIR did not disclose an offence under Section 295A. It was also contended that the magistrate had taken cognisance of the chargesheet without proper application of mind.
Opposing the plea, the state argued that the matter involved disputed questions of fact that required examination of evidence at trial.
In its ruling, the court underscored India’s secular framework, where people of diverse faiths coexist. It held that asserting one religion as the sole truth inherently undermines others.
The bench further noted that Section 295A specifically addresses acts carried out with “deliberate and malicious” intent to outrage religious feelings, and observed that the allegations against the applicant fall within its scope at this stage.
The court also clarified the limited role of a magistrate while taking cognisance of a case, stating that the court is only required to determine whether a prima facie case exists, rather than conduct a detailed evaluation of evidence.
