From the Archives (December 24, 1970): Court order on Tulsi’s book

December 24, 2020 12:15 am | Updated 01:52 am IST

A Full Bench of the Madhya Pradesh High Court to-day [Jabalpur, Dec. 24] set aside a State Government order forefeiting all copies of the controversial book “Agni Pariksha” written by the Jain Muni Acharya Tulsi. The controversy over the book erupted into a massive campaign against the Acharya in Raipur during his camp there recently launched by Sanatani Hindus who objected to the characterisation of Sita in the book. Holding that the book did not contain any grossly offensive and provocative matter, Mr. Justice P.K. Tare said, “The test that is to be applied to such cases is not that of an abnormal or hyper-sensitive man, but that of an ordinary man of ordinary commonsense and prudence.” Referring to the argument of the Advocate-General that the attempt in giving the Jain version of Ramayana was proselytisation and, therefore, the book ought to be considered objectionable, Mr. Justice Tare said, “Even if it were to be assumed that the motive of the Jain version of the Ramayana might be proselytisation that by itself cannot be considered to be objectionable.” His Lordship felt that the impugned order of the Government could be said to be justified only if the book came within the mischief under Section 295-A I.P.C. and not otherwise. There had been different versions of Ramayana, His Lordship observed. A propagandist version which did not come within the mischief of the law could in no case be considered objectionable.

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