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HomeJudiciaryKerala HC bars activist Rehana Fathima from expressing opinions through any form...

Kerala HC bars activist Rehana Fathima from expressing opinions through any form of media

A complaint was filed against Fathima after she posted a cooking video on social media in early May titled 'Gomatha Ulurthu' and referred to beef as 'Gomatha'.

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New Delhi: The Kerala High Court Monday restricted activist Rehana Fathima from posting or publishing her views through any kind of media, visual or electronic.

A single judge bench of Justice Sunil Thomas gave the order on an application seeking cancellation of Fathima’s bail in an earlier case, after she posted a cooking video where she used the term “Gomatha” to refer to beef.

Thomas noted that the restrictions were “in the interest of justice” since the use of the term “Gomatha” to refer to meat is likely to wound religious sentiments of lakhs of Hindus, who worship the cow as a deity.

Fathima was granted bail in a 2018 case where she was accused of exposing herself in “sexually implicit postures” and also for posting “derogatory material” on the Hindu deity Lord Ayyappa.

The petitioner who moved the high court to cancel Fathima’s bail argued that she had used the term “Gomatha” intentionally in the cookery show  to hurt the religious sentiments of Hindus who consider cows as sacred.

Justice Thomas accepted the petitioner’s contention and said restrictions will be imposed on Fathima till the trial for the 2018 case ends.

Fathima, on her part, denied the allegations and submitted to the HC that cow slaughter was not banned in Kerala and the consumption of beef was also not prohibited.

A separate criminal case has also been registered against her in connection with the cookery show.


Also read: Media’s ‘duty to publish news, comment’ — HC quashes defamation case against Malayala Manorama


‘Choice of word Gomatha ill-motivated’

In early May, Fathima had posted a video of a cookery show on social media titled “Gomatha Ularthu”, where she referred to the beef used as “Gomatha” several times while narrating the recipe and directions.

“There cannot be any dispute that the term “Gomatha” as is commonly understood is with reference to holy or sacred cow,” the HC order noted.

The judge also said that the scriptures quoted by the complainant showed that cows are as holy as deities in India.

“If it is so believed by several lakhs of Hindus throughout the country, definitely, the use of the term Gomatha as a synonym for meat used in a cookery show, prima facie, is likely to wound the religious feelings of those believers,” said Justice Thomas.

The judge said the choice of the word “Gomatha Ularthu” appears to be ill-motivated and purposefully made, which, according to the court, is likely to affect the fundamental right of devotees.

‘Need to impose stringent conditions’

The prima facie HC order highlighted that this was a serious violation of bail condition by Fathima. The activist’s defence that her action cannot be construed as a criminal offence was also termed as an invalid explanation.

The court also referred to the past cases against Fathima, including a video she uploaded on social media where two minor children could be seen painting on her semi-nude body in June. She was charged under the Protection Of Children from Sexual Offences or POCSO Act and Information Technology Act for the video.

Fathima is also infamous for attempting to enter the Sabarimala Temple in 2018 when it opened for the first time after the Supreme Court had struck down a ban on the entry of women of menstruating age.

The judge said that considering her past cases “stringent conditions need to be imposed”, but retained her right of freedom of movement.

The Court also ordered the removal of the video made by Fathima from social media.


Also read: Kerala HC dismisses pleas against leasing out Thiruvananthapuram airport to Adani group


 

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3 COMMENTS

  1. if she gets a pleasure out of calling beef “gomatha”, let her do it. But let her tell her co reliogionists to give the followers of other eligions the same freedom.

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