Citizens’ Should File FIR Against Baba Ramdev for Hate Speech: Lawyers

 
True to their sangh parivar lineage, BJP leaders are experts in the fine art of speaking with a forked-tongue. While relying on doctored videos to target students of JNU and the Hyderabad Central University, a month ago finance minister Arun Jaitley had thundered in Parliament: “Hate speech cannot be free speech”.

Now, faced with a national outrage over Baba Ramdev’s talk of “beheading lakhs” if law did not come in his way, BJP president Amit Shah has thought it fit to defend Ramdev’s hate speech in the name of freedom to speak. Meanwhile others in the BJP are trying to hide behind the claim that the dubious Baba is not from the BJP.  But no RSS or BJP leader thought it fit to challenge Ramdev over his obnoxious utterances at an RSS-organised Sadbhavna rally in Haryana. Worse, the Central Government under Narendra Modi, true to form, has maintained an un-dignified silence even as it is more than well known the proximity between the hate-spewing Baba and prime minister Narendra Modi.

If anything, the BJP’s verbal jugglery has further incensed peace-loving citizens across the country. A good indicator of this is the strongly-worded opinion piece written by Swami Agnivesh published in The Indian Express today, April 7.

“What Ramdev has done is criminal,” says Agnivesh. “He is sowing seeds of horrendous violence in the minds of unsuspecting people within an ambience of faith. This is incitement of the most dangerous kind”.  Since he does not expect the Modi government at the Centre or the BJP government in Haryana to prosecute Ramdev, Agnivesh has appealed to the chief justice of India to take “suo moto cognisance of this and initiate appropriate action”.

Meanwhile, it is learnt that citizens from across the country are trying to lodge complaints against the hate speech in their respective cities. SabrangIndia has spoken to several lawyers, including Mumbai-based senior counsel, Mihir Desai, who felt there was a strong case for citizens to lodge FIRs against Ramdev. Reproduced here is a draft for the FIR suggested by some lawyers.

Model FIR

To,
The Senior Inspector,
_____Police Station,
Rohtak, Haryana
 
Subject: – Complaint against Baba Ramdev under Sections 153A, 153B and 505 of the Indian Penal Code

I ________________________, resident of _______________________. I saw the speech of Baba Ramdev on ___________________________ or read the speech in ________________________.
I have come to complaint or sending the complaint as I find the speech very disturbing and a crime has been committed by Baba Ramdev and the same need to be investigated and strict action need to be taken.
 
[The text of the speeches made/ need to be quoted, especially those passages that clearly offend sentiments and provoke a communal atmosphere. Here we have quoted the relevant portions as published in newspapers, of Baba Ramdev’s speech]

1. After they were printed/telecast, these statements have not been denied.
2. Baba Ramdev is reported to have said on April 3, 2016 at a RSS sponsored function in Rohtak, Haryana: “Koi aadmi topi pehan kar ke khada ho jaata hai, bolta Bharat Mata ki Jai nahi bolunga, chahe meri gardan kaat do. Arey is desh mein kanoon hai, nahi toh teri ek ki kya, hum toh lakhon ki gardan kaat sakte hain. Lekin hum is desh ke kanoon ka samman karte hain. Koi aise khada ho ke bol de, isliye in hurdangiyon ke honsle buland ho jaate hain. Hum is desh ke kanoon aur samvidhan ka samman karte hain, nahi toh koi Bharat Mata ka apmaan kare, ek nahi, hum hazaron lakhon ke sheesh kalam karne ka samarth rakhte hain”.
3. In Translation, this reads, “(Some person wears a cap and stands up. He says I will not say Bharat Mata ki Jai even if you decapitate me. This country has a law, otherwise let alone one, we can behead lakhs. But we respect this country’s law. If somebody stands up and speaks like this, that gives strength to hooligans. We respect this country’s law and Constitution, otherwise if anybody disrespects Bharat Mata, we have the capability of beheading not one but thousands and lakhs).
4. Ramdev continued: “Mujhe ashcharya hota hai, kuch sansthayein bani hui hain, kehti hain Bharat Mata ki Jai bolna hamare dharm ke khilaaf hai. Yeh kaise ho sakta hai. Apni matrabhoomi ko gaurav dena kisi majhab ke khilaf nahi, aur agar koi majhab yeh kehta ho ki apni matrabhoomi ko gaurav mat do, woh majhab bhi desh ke hit mein nahi”.
5.  In Translation this reads, “ I am astonished. There are a few organisations which say chanting Bharat Mata ki Jai is against their religion. How can it be? Giving honour to your motherland is not against any religion, and if any religion says that do not honour the motherland, such a religion is also not in the interest of this country).
6.  Ramdev continued, ““Bharat Mata ki Jai bolna koi kisi dharm ki pooja nahi hai. Bharat Mata ki Jai bolna kisi ki aarti utarna nahi hai. Bharat Mata ki Jai bolna koi dharm pooja nahi hai, yeh toh apne rashtra ke gaurav ka, apne rashtra ke swabhiman ka, apne rashtra ki garima ka prashan hai, aur hum Hindu hon, hum Sikh hon, hum Muslim hon, hum Isai hon, hum sabse pehle Hindustani hain,” Ramdev said.
7. In Translation, this Reads, “ Chanting Bharat Mata ki Jai is not worship of any religion. It is a matter of national honour, pride, prestige. We may be Hindu, Sikh, Muslim, Christians, we are Indians first”.
8. It is a matter of concern that such inciteful hate speech was being made at a Sadbhavna rally was organised by the RSS to restore peace, harmony and brotherhood in Haryana which was witness to violence in February in the wake of the Jat reservation agitation.
9.  The Entire Speech can be heard on the Video Tape that is available at https://www.youtube.com/watch?v=0G4Wr1Xwijk
10. The above statements are a grave threat to the peace, unity and integrity of India. In the light of the sensitive communal atmosphere in recent months, where senior functionaries of the government and its associates are being consistently made, these statements violate S.153-A, 153-B, 505(1) and (2)  of the Indian Penal Code.

1. S.153-A of the Indian Penal Code states

(1) Whoever-

1. by words, either spoken or written , or by signs or by visible representation or otherwise, promotes, or attempts to promote on grounds of religion, race, place of birth, residence, language , caste or community or any other ground whatsoever , disharmony or feeling of enmity , hatred or ill-will between different religious, racial, language or regional groups castes or communities, or
2. commits any act which is prejudicial to the maintenance of harmony between different religious , racial , language, or regional groups or castes or communities and which disturbs or is likely to disturb the public tranquility,
3. ….shall be punished with imprisonment which may extend to three years, or with fine or with both.

 
6). S.153-B of the IPC states
(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise, –

1. makes or publishes any imputation that any class of person cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or
2. asserts, counsels, advises, propagates or publishes that any class of person shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied or deprived of their rights as citizens of India, or
3. makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religions. Racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons,

shall be punished with imprisonment which may extend to three years, or with fine, or with both.
 

1. Relevant extract of Section 505 reads as under:

 
“ (1) Whoever makes, publishes or circulates any statement rumours or reports,

1. …..
2. with intent to cause or which is likely to cause fear or alarm to public or to any section of public whereby any person may be induced to commit an offence against the state or against the public tranquility, or.
3. with intent to incite or which is likely to incite any class or community of persons to commit any offence against any other class or community:

shall be punished with imprisonment which may extent to three years or with fine or with both.
 
(2). Whoever makes, publishes or circulates any statements or report containing rumours or alarming news with intent to create or promote or which is likely to create or promote, on grounds of religion,……feeling of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities shall be punished with imprisonment which may extent to three years or with fine or with both.”
 

1. As per the above statements of Baba Ramdev, the minority community in various parts of India is likely to feel more insecure and threatened by these statements. Besides, such statements are bound to generate communal disharmony or feelings of ill will, enmity and hatred  between different religious groups. It is also an act which is prejudicial to the maintenance of harmony between different religious groups and is likely to disturb the public tranquility.
2. The above statements also amounts to imputing  that Muslims do not bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrality of India. The statement also propagates and asserts that Muslims be denied or deprived of their rights as citizens of India. It lastly amounts to an assertion concerning Muslims which is likely to cause disharmony or feeling of ill will between Muslims and others. The statement also is likely to provoke some Hindus to commit offences against Muslims and also amounts to alarming news which is likely to lead to all the above.
3. As per the 1991 census the Muslims constitute 12.12% of the population of India. The Hindus constitute 82.00%. Muslims constitute a minority religious community in most of the States.
4. Such wide scale, alarming and false attack on Muslims, their population and their religious schools leads to an apprehension that such statements could create and contribute to an atmosphere of causing communal carnage elsewhere in the country, and that the minority Muslim community could face widespread persecution.
5. As declared by the Supreme Court of India, secularism is part of the basic structure of our Constitution and these statements of Baba Ramdev attack the very fabric of our Constitution.
6. I am making this complaint in my capacity of citizen of India and under my fundamental duty to uphold the Constitution of India as laid down under Article 52 of the Constitution. The offence is likely to have an all India impact and as such falls also within your jurisdiction.

_____ has committed an offence under S. 153A, S. 153 B and S. 505(1) and (2) of the Indian Penal Code. Hence, cognizance should be taken of this  complaint by treating it as an FIR, the matter be investigated into, and necessary action including arrest and prosecution be taken forthwith _______.    You therefore requested to

a) Register the present letter as an FIR and send me a confirmation of the same with case number
b) Investigate into the matter and
c) Apply to the relevant authorities for sanction to prosecute Shri Baba Ramdev

1. Please keep the undersigned informed about the developments and let me know immediately about the steps you propose to take against _____.

 
Sincerely,
 
Name
Address
 
Annexures to the Complaint:

I. Video Recording of the Controversial Speech; https://www.youtube.com/watch?v=0G4Wr1Xwijk

II. Text of Clipping from the Indian Express Website that first widely reported the speech:

If no law, would have beheaded lakhs who don’t say Bharat Mata Ki Jai: Ramdev
http://indianexpress.com/article/india/india-news-india/if-no-law-would-have-cut-the-heads-of-those-who-dont-say-bharat-mata-ki-jai-ramdev/

The Sadbhavna rally was organised by the RSS to restore peace, harmony and brotherhood in Haryana which was witness to violence in February in the wake of the Jat reservation agitation.
Written by VARINDER BHATIA | Chandigarh | Updated: April 4, 2016 2:37 pm

Referring to Muslims who refuse to chant ‘Bharat Mata ki Jai’, yoga guru Ramdev on Sunday said if the country didn’t have laws, “hum toh lakhon ki gardan kaat sakte hain (we would have decapitated lakhs)”. He also said “if any religion says that do not honour the motherland, such a religion is also not in the interest of this country”.

Speaking at a Sadbhavna rally organised by the RSS in Rohtak — attended among others by Himachal Pradesh Governor Acharya Devvrat — Ramdev said: “Koi aadmi topi pehan kar ke khada ho jaata hai, bolta Bharat Mata ki Jai nahi bolunga, chahe meri gardan kaat do. Arey is desh mein kanoon hai, nahi toh teri ek ki kya, hum toh lakhon ki gardan kaat sakte hain. Lekin hum is desh ke kanoon ka samman karte hain. Koi aise khada ho ke bol de, isliye in hurdangiyon ke honsle buland ho jaate hain. Hum is desh ke kanoon aur samvidhan ka samman karte hain, nahi toh koi Bharat Mata ka apmaan kare, ek nahi, hum hazaron lakhon ke sheesh kalam karne ka samarth rakhte hain”.
 
(Some person wears a cap and stands up. He says I will not say Bharat Mata ki Jai even if you decapitate me. This country has a law, otherwise let alone one, we can behead lakhs. But we respect this country’s law. If somebody stands up and speaks like this, that gives strength to hooligans. We respect this country’s law and Constitution, otherwise if anybody disrespects Bharat Mata, we have the capability of beheading not one but thousands and lakhs).
 
Ramdev continued: “Mujhe ashcharya hota hai, kuch sansthayein bani hui hain, kehti hain Bharat Mata ki Jai bolna hamare dharm ke khilaaf hai. Yeh kaise ho sakta hai. Apni matrabhoomi ko gaurav dena kisi majhab ke khilaf nahi, aur agar koi majhab yeh kehta ho ki apni matrabhoomi ko gaurav mat do, woh majhab bhi desh ke hit mein nahi”.
 
(I am astonished. There are a few organisations which say chanting Bharat Mata ki Jai is against their religion. How can it be? Giving honour to your motherland is not against any religion, and if any religion says that do not honour the motherland, such a religion is also not in the interest of this country).
“Bharat Mata ki Jai bolna koi kisi dharm ki pooja nahi hai. Bharat Mata ki Jai bolna kisi ki aarti utarna nahi hai. Bharat Mata ki Jai bolna koi dharm pooja nahi hai, yeh toh apne rashtra ke gaurav ka, apne rashtra ke swabhiman ka, apne rashtra ki garima ka prashan hai, aur hum Hindu hon, hum Sikh hon, hum Muslim hon, hum Isai hon, hum sabse pehle Hindustani hain,” Ramdev said.

(Chanting Bharat Mata ki Jai is not worship of any religion. It is a matter of national honour, pride, prestige. We may be Hindu, Sikh, Muslim, Christians, we are Indians first).

The Sadbhavna rally was organised by the RSS to restore peace, harmony and brotherhood in Haryana which was witness to violence in February in the wake of the Jat reservation agitation.