SC quashes FIR against Priya Varrier over 'wink'

Agencies
August 31, 2018

New Delhi, Aug 31: The Supreme Court on Friday quashed an FIR against actor Priya Prakash Varrier, director and the producer of Malayalam movie 'Oru Adaar Love', which alleged that the 'wink song' video had hurt the religious sentiments of the Muslim community.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said the Malayalam folk song, on which the song has been picturised with Varrier, has been in the public domain since 1978 and the song video cannot be termed as blasphemous.

"We allow the writ petition of Varrier and others and quash the FIR lodged against them in Telangana and further direct no FIR or any complaint under Section 200 of CrPC will be entertained against the petitioners for picturization of the song in question," the bench said.

Referring to a constitution bench judgement and a verdict delivered in a similar case lodged against cricketer M S Dhoni, it said no offence under Section 295 A of the IPC is made out against the 18-year-old actor and others in the present case.

Section 295 A of IPC deals with deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs.

The apex court had on February 21 stayed criminal proceedings against Varrier in some states, filed on the grounds that a song from her film allegedly hurt the sentiments of the Muslim community.

Varrier, who shot to fame after her 'wink video' went viral on the internet, is a B.Com student from a college in Kerala's Thrissur district. She had sought protection from an FIR lodged on complaints alleging that the lyrics of the song 'Manikya Malaraya Poovi' from the movie was "offensive" and "violated the religious sentiment of a particular community".

The actress had moved the apex court seeking quashing of the FIR lodged against her in Telangana and sought the top court's direction to prohibit states from initiating any criminal proceedings against her.

She had said that the FIR was lodged against her on February 14 at Falaknama police station in Hyderabad on a complaint that alleged that the song hurt the religious sentiment of a community.

On the same day, a criminal complaint was also filed by the Secretary of Raza Academy, Mumbai, with the Commissioner of Police seeking action against the petitioners, taking down the video and preventing it from being broadcast, she had said.

She had said the entire controversy had resulted in the filing of several criminal complaints, while the FIR arose from the lyrics of the song, which is a Mappila song or a traditional number from the Malabar region of Kerala.

Her plea had said the claims that it hurt religious sentiments of Muslims were "without any basis and what is hard to fathom is that a song which has been in existence for the past 40 years, which was written, sung and cherished by the Muslim community in Kerala is now being treated as an insult to the Prophet and his wife."

"It is submitted that a song, which .... has been cherished by more than one crore Muslim population of Kerala, cannot suddenly offend the religious sentiments of the Muslim community," it had said.

The plea had stated that criminal complaints and registration of FIRs in multiple states were filed on the basis of complaints by "fringe elements who have misunderstood the lyrics of the song which they claim allegedly offended their religious sentiments and that of their community has adversely affected the petitioners right to life, liberty and freedom of expression under the Constitution."

The plea had said the movie was then yet to be completed and about Rs. 1.5 crore have been spent on it, but such "flimsy and baseless" complaints and FIRs caused "nothing but a hindrance to freedom of speech and expression granted under Article 19(1)(a) of the Constitution" and "an outright abuse" of the legal process.

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News Network
May 27,2020

New Delhi, May 27: With 6,387 new coronavirus cases in the last 24 hours, India's count of COVID-19 rose to 1,51,767 on Wednesday, said the Union Ministry of Health and Family Welfare.

170 people have also died in the last 24 hours due to the infection.

Currently, there are 83,004 active cases while 64,425 COVID-19 positive patients have been cured/discharged and one has migrated. So far, a total of 4,337 deaths have taken place across the country.

Among all states, Maharashtra has the highest number of COVID-19 cases with 54,758. Tamil Nadu has 17,728 cases with Gujarat at 14,821 cases. The national capital has 14,465 reported cases of coronavirus.

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News Network
February 24,2020

New Delhi, Feb 24: The shared values between India and the US are "discrimination, bigotry, and hostility towards refugees and asylum seekers", Amnesty International USA said in a joint statement with Amnesty International India ahead of US President Donald Trump's visit to India on Monday.

Trump, accompanied by his wife Melania, daughter Ivanka and son-in-law Jared Kushner as well as senior officials of his administration, landed in Ahmedabad on the first leg of his two-day visit to India.

"Anti-Muslim sentiment permeates the policies of both U.S. and Indian leaders. For decades, the U.S.-India relationship was anchored by claims of shared values of human rights and human dignity. Now, those shared values are discrimination, bigotry, and hostility towards refugees and asylum seekers,” Margaret Huang, Amnesty International USA’s executive director, was quoted as saying in the statement.

It was a reference to the anti-CAA protests in India, the internet lockdown in Jammu and Kashmir and the Muslim ban expansion by President Trump affecting Nigeria, Eritrea, Myanmar, Kyrgyzstan, Sudan and Tanzania, the statement said.

It added that Amnesty International USA’s researchers travelled to Lebanon and Jordan to conduct nearly 50 interviews with refugees that as a result of the previous version of the ban have been stranded in countries where they face restrictive policies, increasingly hostile environments, and lack the same rights as permanent residents or citizens.

The statement also came down hard on the Indian government, hitting out at the Citizenship (Amendment) Act (CAA) 2019 and saying it legitimises discrimination based on religious grounds.

It criticised statements such as “identify them (the protestors) by their clothes” or “shoot the traitors” by Prime Minister Modi and his party workers. Such remarks "peddled the narrative of fear and division that has fuelled further violence", it said.

“The internet and political lockdown in Kashmir has lasted for months and the enactment of CAA and the crackdown on protests has shown a leadership that is lacking empathy and a willingness to engage. We call on President Trump and Prime Minister Modi to work with the international community and address our concerns in their bilateral conversations,” Avinash Kumar, executive director, Amnesty International India said in the statement.

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News Network
May 20,2020

United Nations, May 20: Highlighting India's long-standing history of promoting inclusive and peaceful societies, a top UN official on Tuesday voiced concern over incidents of "increased hate speech and discrimination" against minority communities in the country following the adoption of the Citizenship Amendment Act.

Under-Secretary-General and UN Special Adviser on the Prevention of Genocide Adama Dieng, however, welcomed Prime Minister Narendra Modi’s call for unity and brotherhood in the wake of the COVID19 pandemic.

Dieng said in a note to the media on Tuesday that he is "concerned over reports of increased hate speech and discrimination against minority communities in India" since the adoption of the Citizenship Amendment Act (CAA) in December 2019.

The Indian government has maintained that the CAA is an internal matter of the country and stressed that the goal is to protect the oppressed minorities of neighbouring countries.

The CAA, which was notified on January 10, grants Indian citizenship to non-Muslim minorities migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following persecution over their faith.

"While the objective of the act, to provide protection to minority communities is commendable, it is concerning that this protection is not extended to all groups, including Muslims. This is contrary to India’s obligations under international human rights law, in particular on non-discrimination,” Dieng said.

The Special Adviser recognised "India’s long standing and well recognised history of promoting inclusive and peaceful societies, with respect for equality and principles of non-discrimination.”

He also welcomed recent statements by Prime Minister Modi that the COVID-19 pandemic “does not see race, religion, colour, caste, creed, language or border before striking and that our response and conduct...should attach primacy to unity and brotherhood.”

Dieng encouraged the Government of India to "continue to abide by this guidance by ensuring that national laws and policies follow international standards related to non-discrimination and to address and counter the rise of hate speech through messages of inclusion, respect for diversity and unity.”

He further reiterated that he would continue to follow developments and expressed his readiness to support initiatives to counter and address hate speech.

The hate speech and the dehumanisation of others goes against international human rights norms and values, he added.

“In these extraordinary times brought about by the COVID-19 crisis it is more important than ever that we stand united as one humanity, demonstrating unity and solidarity rather than division and hate,” he said.

Dieng also expressed concern over reports of violence during demonstrations against CAA in some regions of India.

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