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Upananda Brahmachari | HENB | Haridwar | July 28, 2025:: Recently, The Karnataka High Court has quashed a First Information Report (FIR) filed against three Muslim men who were accused of “preaching Islam” and distributing religious pamphlets near a Hindu temple (almost inside the temple premises) in Jamkhandi, Bagalkot district. The court’s decision has sparked controversy, with some arguing that it allows Islamic preaching inside Hindu temples and undermines Hindu customs and traditions.
The Case
The complaint had alleged that the men attempted religious conversion (Dawat-e-Islam) by making promises of employment and passing derogatory remarks about Hinduism. However, the High Court held that there was no substantial evidence of coercion, fraud, or inducement—criteria necessary for prosecution under the Karnataka Protection of Right to Freedom of Religion Act, 2022.
The Court’s Ruling
The court made it clear that mere expression or distribution of religious literature does not amount to an offense unless accompanied by forceful or deceitful attempts to convert. “The essence of a free society lies in the freedom to express, discuss, and propagate beliefs,” the bench observed. It further stated that peaceful preaching, in the absence of coercion or allurement, is protected under Article 25 of the Constitution, which guarantees the right to freely profess and propagate one’s religion.
Allegations of Preaching Inside Hindu Temple
According to reports, the accused men were allegedly preaching Islam near the inside of a Hindu temple, reciting verses from the Quran that promote iconoclasm and criticize polytheism, treating Hindus and others as “Kaffirs.” This has raised concerns about the impact of such preaching on Hindu temples and the potential for religious tensions including the vilifications of the faith of others. Critics argue that the designated judge failed to consider the potential danger of such Islamic preaching near or inside a Hindu temple.
Procedural Invalidity
The bench also noted that the complainant in the case was neither the alleged victim nor a relative of one. As per Section 4 of the 2022 Act, only an aggrieved individual or their close relatives are permitted to lodge such complaints, making the FIR procedurally invalid.
Concerns and Criticism
This is not the first time the Indian judiciary has faced criticism for its handling of cases involving religious freedom and temple rights. The Sabarimala case is a notable example, where some argue that the judiciary’s decisions have not adequately protected Hindu customs and traditions.
Potential Next Steps
Hindu organizations may consider challenging the Karnataka High Court’s order and filing a Public Interest Litigation (PIL) to address concerns about anti-Sanatan and anti-Hindu preaching and activities in Hindu temples and shrines. The outcome of such a PIL could have significant implications for the protection of Hindu rights and traditions in India.
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