'Implementation Is Executive's Domain': Allahabad High Court Disposes PIL Claiming Laws Against Denigration Of Hindu Deities Are 'Ineffective'

A bench of Justice Rajan Roy and Justice Indrajeet Shukla observed that while the making or amending of laws lies strictly within the domain of the Legislature, the implementation of existing laws falls within the domain of the Executive.

The bench thus granted liberty to the petitioners to approach the concerned Ministry/Department of the Government of India or the State Government who may have a role to play with regard to the grievances raised in the plea.

The PIL plea was moved by Hindu Front For Justice Thru. National Convenor Sharad Chandra Srivastava and 8 Others and the petitioners were represented by Advocates Ranjana Agnihotri & Utkarsh Pratap Singh.

The petitioners sought a writ of mandamus to the Governmental Authorities to take "effective and forceful steps" to prevent the "denigration, dishonour, disfigurement and desecration of Devta".

The petition specifically stated that the word 'Devta' included Lord Vishnu, Lord Ram, Lord Krishna, Lord Shiva, Lord Bramha, Maata Sita, Goddess Durga, Devi Radha and Brahmins. Furthermore, the plea also sought protection against the burning and insulting of 'Sacred Books', including the Ramcharitmanas, Manusmriti, Bhagvad Gita and Valmiki Ramayana.

It was the categorical submission of the petitioners before the bench that while statutes are in place to deal with such situations, they are 'ineffective'.

Therefore, a direction was sought for the State to review the effectiveness of Sections 295, 295A, 298, 153A, 153B and 505 of the IPC (now corresponding to Sections 196, 298, 299, 300 and 302 BNS).

Taking into account these submissions and the averments in the PIL plea, the Bench observed that the relief sought was in the nature of an "omnibus/general mandamus" and the petition did not refer to any specific incident nor was it filed against any specific person who may have committed such an act.

In fact, no private party has been arrayed herein, the Court noted.

Furthermore, dealing with the prayer regarding the effectiveness of the legal framework, the Bench noted:

"...we are of the opinion 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".

The Court also noted that various examples were given in support of the writ petition, but separate writ petitions had already been filed for those separate causes, many of which were pending or disposed of.

Regarding the specific relief to review the existing laws, the Court said that the petitioners can approach the concerned Ministry or Department of the Government of India.

Consequently, the High Court disposed of the writ petition with liberty to the petitioners to approach the concerned Ministry/Department of the Government of India or the State Government.

The Court clarified that the authorities may consider the grievances raised in the public litigation as per law and do the needful to redress the same.