Buddha images on sarees do not prove intent to insult: Gujarat High Court

The Gujarat High Court has quashed an FIR against a Surat textile trader over the sale of sarees bearing images of Gautam Buddha, saying the depictions alone did not establish a deliberate and malicious intent to hurt religious sentiments.The court said printing or selling garments featuring a deity or a revered religious symbol, including on the lower portion or pallu, cannot automatically be treated as a criminal offence.The FIR, registered in 2017, alleged that images of Buddha appeared along the lower border of the sarees, near the wearer’s feet, hurting the religious sentiments of the Buddhist community.Seeking to have the FIR quashed, the trader argued that he bought and sold garments based on market trends and had no intention of insulting any religion. He alleged that the complaint stemmed from business rivalry and was intended to pressure him. Citing Supreme Court rulings, the High Court said an offence under Section 295A of the Indian Penal Code requires a deliberate and malicious intent to outrage religious feelings.Neither the photographs on record nor the police report established that the trader intended to insult any religion, the court said. It therefore found that the essential requirements for an offence under Section 295A had not been met. The court said the placement of a religious image on a garment was not enough to establish criminal intent. In this case, it found no overt act, inflammatory speech or evidence demonstrating an intention to insult religious beliefs.- Ends