Ms. Usha wants to file a suit against Bhagya laxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named “Jai Santoshi Maa”. Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

Option A: She cannot file a suit because injury to religious feelings is not a legally recognized right.

Option B: She cannot file a suit because the Theatre has a fundamental right to speech and expression.

Option C: She can file a suit as injury to religious feelings has been legally recognized as a right (injuria sine damnum)

Option D: It is a case of complete judicial discretion.

Correct Answer

Option: a

Explanation

The Court held that Section 295A IPC does not penalize any and every act of insult to or attempt to insult any religion or the religious beliefs of a class of citizens.

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