Muslim man uses derogatory language against Lord Shiva, denied relief by courts
Allahabad, Uttar Pradesh, India 
1 September, 2022
Case Summary
Owais Khan faces formal charges for intentionally sharing offensive photos of Lord Shiva on social media to hurt religious sentiments. He is charged under Sections 153-A, 295-A of the Indian Penal Code and Section 6 of the Information Technology (Amendment) Act. Additionally, he made derogatory remarks about Hindu religion and claimed that the road divider was treated like the Shivling. After extensive investigation, a charge sheet was submitted on September 2, 2022. Despite his plea to the High Court to dismiss the case, the Allahabad High Court refused to quash the charges on April 19, 2024, stating that Khan's actions constituted deliberate religious vilification. The court emphasised the importance of respecting religious beliefs and warned that such behaviour would face legal consequences.
Why it is Hate Crime ?
This case has been categorised as a religiously motivated hate crime under the prime category- Hate speech against Hindus and under this, the sub-category chosen is- Anti-Hindu slurs, mocking faith- Anti-Hindu slurs and the deliberate mocking of the Hindu faith owing to religious animosity involve the usage of derogatory terms, stereotypes, or offensive references to religious practices, symbols, or figures. One of the common anti-Hindu slurs used against Hindus is “cow-worshipper” and “cow piss drinker”. The intention of using this term is to demean and mock Hindus as a group and their religious beliefs since Hindus consider the cow holy. Additionally, some symbols and the slurs attached to them have a historical context that exacerbates the insult, hate, stereotyping, dehumanisation and oppression against Hindus. Cow worship has been used for centuries to denigrate Hindus, insult their faith and oppress Hindus specifically as a religious group. There has been overwhelming documentation about how cow slaughter has been used to persecute Hindus with cow meat being thrown in temples and places of worship. There has also been overwhelming documentation where cow meat (beef) has been force-fed to Hindus to either forcefully convert them to Islam or denigrate their faith. Apart from cow worship, the Swastika – which holds deep religious significance for the Hindus – has also been misinterpreted and distorted to use as a slur against Hindus. Similarly, the worship of the Shivling has been used by supremacist ideologies and religions to denigrate Hindus owing to religious animosity. Such slurs and denigration stem out of inherent animosity and hate towards Hindus and their faith, therefore, it is categorised as hate speech targeted at Hindus specifically owing to their religious identity. Hindu symbols, particularly the Shivling, hold profound significance within Hinduism. For Hindus, the Shivling is not just a physical object but a focal point for worship, meditation, and spiritual connection. They are a means through which devotees express their reverence and devotion to the divine. Disrespecting or mocking such symbols is perceived as an affront to the faith and the beliefs that millions of Hindus hold dear. Despite this, Owais Khan intentionally shared offensive images of Lord Shiva and made derogatory remarks about Hinduism. This exemplifies a religiously motivated hate crime rooted in animosity towards the Hindu faith. By targeting a revered figure in Hinduism and trivializing sacred symbols, Khan not only sought to provoke outrage but also demonstrated a blatant disregard for the beliefs and sentiments of millions of Hindus. There could be no other reason than an inherent animosity against Hinduism that led him to commit the offence. Since disrespect for the Hindu religion is the primary purpose behind this incident, this case has been added to the tracker under the following category.
Case Status
Case sub-judice
Perpetrators Details
Perpetrators
Muslim Extremists
Perpetrators Range
One Person
Perpetrators Gender
male
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