The Madras High Court has refused to quash the FIR against a Catholic priest who abused Bhuma Devi and Bharat Mata. The court said that offensive words against them attract the offense of hurting Hindu religious sentiments as believing Hindus consider Bharat and its land as deities. It further said that evangelists cannot have freedom of speech and expression to denigrate others’ religious beliefs.

Parish priest of Pannaivilai in Kanyakumari was arrested in June 2021 for his derogatory remarks against Bhuma Devi, Bharat Mata, PM Modi, and HM Amit Shah. In a meeting organized to pay homage to late urban Naxal Fr. Stanislas Lourdusamy, the priest had issued a warning to Hindus. He was upset with BJP candidate MR Gandhi winning from the Kanyakumari constituency in the assembly elections. As Gandhi doesn’t wear footwear out of respect for Bharat Mata, the priest drew pleasure in mocking him.

What George Ponnaiah said

Kanyakumari catholic pastor has shown unbridled hatred for Hindus, Sanatana Dharma, and Prime Minister in an event organized by minorities. He not only warned Hindus about their growth but spoke degradingly of the ruling DMK government as well in a show of strength of the Christian community. He has been arrested for disturbing communal harmony after widespread protests and complaints filed by Hindu organizations.

George Ponnaiah, the parish priest of Pannavilai in Kanyakumari, took part in an event held to condemn the closure of churches, ban on conducting prayer meetings, denial of a permit to build churches, and to pay tributes to Naxal sympathizer Stanislaus Lourdusamy in Arumanai, Kanyakumari. While speaking in the event Fr. George Ponnaiah, in an attempt to assert the political clout of Christians, degraded Hindu BJP MLAs, Hindu deities, and PM Modi.

HRCE minister of the new DMK government Sekar Babu is seen as making moves to protect temples. Mocking him Fr. George said, “Minister Sekar Babu you can do Kudamuzhuku (samprokshanam) of any number of temples, and I’m saying this for minister Mano Thangaraj as well..you can go to any number of temples but Hindus won’t vote for you. Neither Hindus nor the devotees of Mandaikadu Amman cast a single vote for you. Do not forget that your (electoral) victory is alms given by Christians and Muslims”.

He said, “You didn’t get votes for your leaders. I told all the MLAs. It was our bishops who made people vote for you simply by gesturing with their eyes. Our brothers from Pentecostal churches went door by door to seek votes for you. I asked Suresh Rajan(ex-MLA) “shall we go house by house and ask people to vote for you?” He said “no father it might prevent us from getting Hindu votes”..and MR. Gandhi won! We thought “okay let’s not spoil their chances” and didn’t go. But who have they given the victory to? MR.Gandhi”.

Then he talks about MR. Gandhi, BJP MLA who was recently detained for protesting against the construction of an illegal church. Fr. George wondered whether those who voted for Gandhi knew his history and went on to say that Gandhi was the mastermind of the 1982 Mandaikadu communal riots. He alleged that Hindu Nadars who converted to Christianity voted for Gandhi thinking let someone from our own community come to power.

He also alleged that Gandhi MLA sought votes from Christians in Kanyakumari introducing himself as a Nadar but called himself a Hindu in Arumanai where Hindus are in majority. He accused a businessman Balan, who allegedly earned money during DMK rule in the past, of hatching a conspiracy to ensure the success of Gandhi. He made fun of MR.Gandhi’s appearance and attire as well.

In the process he denigrated Bhuma Devi as well, saying Christians wear footwear to avoid catching scabies from Bhuma Devi. He also warned Hindus saying his community will reach 72% of the population soon and Hindus should be careful. His speech went viral on social media and he was arrested by the police in Madurai while trying to abscond.

He spoke of Naxal sympathizer Stanislaus Lourdusamy who was arrested by NIA for his anti-national activities and passed away in jail recently. He said that Lourdusamy will receive the Nobel prize as even the UN has condemned Modi and advised one of his laity to name his son after Stan Samy. He also said that the UN’s condemnation was like other countries spitting on Modi and Amit Shah. He mocked both of them saying “does anyone even name a dog after Modi or Amit Shah? Has any BJP member named his child after Modi or Shah? Has any RSS member done so? They are ugly names”

“But we will name our children after Stan Samy. He will not die but continue to live(through them)”. He didn’t stop at that and dared the Hindu community saying, “You cannot even pluck a single hair from us”. He further talked about how their numbers have grown in Kanyakumari from 42% to 62% and are in majority now. “We’ll grow to 70% in a few days and we will continue to grow. You cannot stop us. I want to issue this as a warning to our Hindu brethren”, he said.

He said that they are not afraid of BJP or RSS and that they cannot do anything to stop them. He expressed his worry about the government officials and said that even though IAS, IPS officers in the district have the knowledge they don’t have intelligence. He degraded the officers saying they don’t have any sense as they seal illegal churches based on Hindu outfits’ complaints. He also boasted that he mocked an RTO saying he is more educated than her because he learned English in America and Canada and insulted the local RSS man for not knowing English as well.

He didn’t leave the much-abused Brahmins either. He derided the archakas of Hindu temples saying “Don’t think pastors are just like those pujaris who ring the bell. We are well educated. Stan Samy was a researcher and professor”. He also accused the government of doing injustice to Stan Samy by handcuffing him and cursing Modi and Shah saying, “Modi’s last days will be pitiable. If it is true that the God we worship is alive, then history will see Modi and Shah’s corpses being feasted on by dogs and maggots”.

The speech, even though mainly aimed at Hindus, BJP, and RSS, has drawn the ire of Dravidianists as well. Even as the DMK government is trying to change their anti-Hindu image by indulging in symbolism, pastor George’s speech has laid bare DMK’s and minorities’ real nature and agenda. The pastor has now been arrested and booked under 7 sections of IPC for disturbing communal harmony and peace. 

After making tall claims about himself and the Christian community he went into hiding in fear of being arrested. However, he was arrested by Madurai police while he was trying to flee to Chennai.

George Ponnaiah appealed to quash the FIR

He had appealed to quash the FIR filed against him which was heard by the Madras HC recently. Justice GR Swaminathan who heard the petition refused to quash the FIR citing that being an evangelist the priest had intentionally poked fun at other people’s beliefs which attracts offense under IPC section 295A for hurting religious sentiments. He said, “He painted Bhuma Devi and Bharat Mata as sources of infection and filth. Nothing can be more outrageous to the feelings of the believing Hindus”.

The priest’s counsel had argued that he had only criticized Hindu Dharma along the lines of Dr.Ambedkar, not mocking it. However, the court observed that being an evangelist the priest cannot “insult or outrage others’ religion or their religious beliefs” and expect to be treated like an academic, rationalist, or artist whose fundamental right to freedom of speech is guaranteed under the Constitution under Article 19(1)(a).

LiveLaw reported the proceedings where the judge said, as the priest “views the other religionists as a constituency to be poached” and “targeted religionists are bound to take offense as they fear potential harm to their interests and well-being”, his speech has prima facie to be booked under section 295A. He also noted that it would attract offense under section 153A as well, for it clearly pitted Christians and Muslims against Hindus and would disturb communal harmony. It is not necessary that all Hindus must feel hurt by such speeches, for even those who call themselves rationalists and atheists like Periyar aka EV Ramasamy are Hindus by certificate, he said.

Surprisingly, the judge made a note about the demography of Kanyakumari as well saying that the status quo must be maintained for subversion of it may cause “calamitous consequences”. Observing that many converted Christians continue to hold Hindu caste certificates, the judge took exception to the priest’s remark that Christians would soon reach 72% of the population. Recalling the horrors of partition and denoting how it was on the grounds of religion he said, “the tryst with destiny can be achieved only if the multicultural character of the Indian society continues to remain”.

On that note, he said that even though what’s already happened cannot be reversed, “conversion cannot be a group agenda” and the status quo should be maintained when it comes to demography. The judge’s views about academics, satirists, and artists having the freedom to criticize and mock religious sentiments on educational, critical, and artistic grounds have met with criticism. Nevertheless, he has laid out important points which help level the field as Abrahamic preachers have been having a free run denigrating Hindu beliefs so far.

As the core of the Abrahamic faiths itself denigrates murti worship and calls for their demolition, the order gains significance. While the order doesn’t say that out loud, legal luminaries think there is a possibility for such understanding to be derived from the order when such offenses are committed as a part of “doctrinal preachings”. Even though it would affect Hindu seers as well, their speeches are mostly in retaliation to the Abrahamic aggression and make way for a level playing field. 

It is to be kept in mind that, unlike Hindus who are independent to either follow or not follow a seer, Abrahamic religions have a hierarchical structure of following where Christians and Muslims diligently follow their religious leaders. As Abrahamic religious scriptures have inherent hatred for pagan worship, the order is seen as a great precedent in defining religious hate speech.

References:

hindupost.in - By MahaKrishnan