Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Allahabad High Court: In a petition filed by the petitioner seeking directions to the State Government Authorities to take effective steps to prevent the denigration, dishonor, disfigurement, and desecration of Devta, the Division Bench of Indrajeet Shukla and Rajan Roy, JJ., held that implementation of the existing laws is in the domain of the executive and making of new laws or amending the existing laws so as to make them effective lies within the domain of the legislature.
Accordingly, the Court disposed of the said petition with the liberty to the petitioners to approach the Ministry/Department concerned, who may have a role to play regarding the grievances raised in the present petition and needful shall be done to redress the same.
Background
In the present case, the petitioner stated that there had been long term grievance from the denigration, dishonoring and disfigurement of Devta (including Lord Vishnu, Lord Ram, Lord Krishna, Lord Shiva, Lord Bramha, Maata Sita, Goddess Durga, Devi Radha and Bramhins etc.) as well as burning and insulting of religious books (Ramcharitmanas, Manusmriti, Bhagvad Gita, Valmiki Ramayana and other sacred books) and scriptures of Hindus. Thus, the High Court was approached for the protection and enforcement of their fundamental human rights guaranteed under Articles 21 and 25 of the Constitution along with a plethora of instruments and treatise of International Law.
Analysis and Decision
The Court stated that the relief sought in the case at hand was not in respect of any specific incident or against any person who may have committed any such incident as was alleged. The Court further stated that no private party was arrayed, therefore, an omnibus mandamus was sought. Thus, the Court opined that implementation of the existing laws is in the domain of the executive and making of new laws or amending the existing laws so as to make them effective lies within the domain of the legislature.
Regarding the relief sought to command the Governmental Authorities to review the effectiveness of the current existing legal framework, i.e., Sections196, 298, 299, 300 and 302 of the Bharatiya Nagarik Suraksha Sanhita 2023 and to abide by the mandate of Article 7 of UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief, the Court stated that the petitioners should approach the appropriate Ministry or Department of the Government of India.
Hence, the Court disposed of the petition with the liberty to the petitioners to approach the Ministry/Department concerned, who may have a role to play regarding the grievances raised in the present petition and needful shall be done to redress the same.
[Hindu Front for Justice v. Union of India, PIL No. 1230 of 2025, decided on 4-12-2025]
Advocates who appeared in this case :
For the Petitioner: Ranjana Agnihotri, Utkarsh Pratap Singh
For the Respondent: A.S.G.I., C.S.C.