The Supreme Court of India took cognizance of growing intolerance in the country against exhibition of certain films or paintings and viewed that they should be curbed firmly so that these tendencies do not find favor in any quarters.
A two-Judge bench was pained to note that unfortunately some people are willing to protest often violently just on anything under the sun. They may relate to a book or party or film and the grouse is that they have hurt the sentiments of one community or another. These tendencies are very dangerous and should be nipped in the bud.
The cause of action arose out of an appeal filed by Ahmadabad Corporation. It had closed the slaughter houses in the city for a period of 9 days during the Jain festival Paryishan. The Gujarat High Court had quashed the Order and the appeal is against this Order.
While allowing the appeal, the Bench consisting of Justice Seema and Markendey Katju opined the closure was a reasonable restriction and would not violate Article 19(g) of the Constitution. One should not be touchy about a short restriction when it is being done out of respect for the sentiments of a particular community. India being a country of great diversity, her hallmark should be tolerance and respect for all the communities and sects. Our Constitution being secular in character, caters admirably to the diversities in our Country.
The Court also had made an indirect reference to the recent violence against North Indians in Mumbai. India is not an association or confederation of states. It is a Union of States and there is only one nationality, i.e. Indian nationality. Every Indian has a right to go anywhere in India, settle anywhere and carryout a profession of his choice in any part of India. What binds each of us is tolerance.
Justice Markendey Katju who wrote the judgment had drawn extensively from various epics as Mahabharata, Tirukural and poets like Subramania Bharathi. He went to the extent of citing the tolerance of the emperor Akbar who was known to have refrained from non-vegetarian food for few days in a week as a mark of respect for the vegetarian sections of the Society and also by way of respecting the sentiments of his Hindu wife.
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