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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2836/1989 |
Between :
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Dr. Ramesh Yeshwant Prabhoo |
Appellant |
And
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Prabhakar Kashinath Kunte
And Others |
Respondents
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JUDGMENT
J. S. Verma J:
Meaning Of `Hindutva' And `Hinduism'
The next contention relates to the meaning of Hindutva and Hinduism and the effect of the use of these expressions in the election speeches.
We have already indicated the meaning of sub-section (3) of Section 123 of the R.P. Act and the limit of its operation. It may be said straightaway that any speech wherein these expressions are used, irrespective of their meaning, cannot by itself fall within the ambit of sub-section (3) of Section 123, unless the speech can be construed as an appeal to vote for a candidate on the ground that he is Hindu or to refrain from voting for a candidate on the ground of his religion, i.e., he not being a Hindu. We have also indicated that mere reference to any religion In an election speech does not bring it within the net of sub-section (3) and/or sub-section (3A) of Section 123, since reference can be made to any religion in the context of secularism or to criticise any political party for practising discrimination against any religious group or generally for preservation of the Indian culture.In short, mere use of the word Hindutva or Hinduism or mention of any other religion In an election speech does not bring it within the net of sub-section (3) and/or sub-section (3A) of Section 123, unless the further elements indicated are also present in that speech. It Is also necessary to see the meaning and purport of the speech and the manner in which it was likely to be understood by the audience to which the speech was addressed. These words are not to be construed in the abstract, when used in an election speech.
Authors : Shri M. Rama Jois
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