In the recent turn of events, the Rajasthan HC Quashed the FIR against Jack and Anna M Vetticad.
Brief Facts of the Case
In November 2018, Dorsey held a poster saying “Smash Brahminical patriarchy”. He got comments later. This incident took place on one of his visits to India in 2018 when he was meeting a few female journalists. The Brahmin community accused him of spreading hate and hurting their sentiments. Some public figures such as Mohandas Pai, former finance chief of Infosys also did the same. He compared it with Anti-Semitisms and hate-mongering.
However, there were some that supported this step, Including many prominent feminist figures such as South Asian historian Audrey Truschke. Also, many others came out in the support of the twitter Mogul. That upper caste privileged men are condemning this act. She also called out the years of oppression Dalits and women. The same women who had to face Upper discrimination which still exists.
Rajkumar Sharma’s FIR mentions the targeting of Brahmins. According to him, such posters hurt the religious sentiments of the brahmin community.
Sections 295-A, 500, 501, 504, 505, and 120-B of the Indian Penal Code is relevant in this FIR. Under the argument that this step hurt the sentiments of the Brahmin community and stoked communal disharmony.
Contentions of the Plaintiff
The lawyers on the part of the plaintiff pointed out how this promotes caste disharmony. About how the brahmin community forms the main part of traditions, rituals, and rites. Thus, Jack’s actions were in total disregard of the existing status quo. Also, condemned as an attempt to malign the image of the Brahmin community in Indian society.
Contentions of the Respondents
Mahesh Jethmalani and Nishant Bora, the defence, who spoke for Jack and Vetticad argued about a get-together. In which a woman came to give over the poster to Mr. Jack Dorsey, in the presence of the applicants.
Ms. Anna M Vetticad on her Twitter account posted the photo of Dorsey in support. Without having any aim to hurt the opinions or sentiments, of any segment of the general public.
They had contended that by the simple publication of these words, it doesn’t mean that the religious thoughts of anyone in the nation are being harmed. The idea of Brahmanical Patriarchy is to uphold compelling sexual power over women. To keep up a patrilineal progression. The established one of a kind to Hindu society with male domination.
They said that the current situation isn’t enough to call it as targeting religious sentiments. It is a sociological conversation. Only by presenting these words expected on challenging the said idea. The applicants are not answerable for the offences credited to them in the said FIR.
The bench of Justice Sandeep Mehta pointed out that the expression which has been reprimanded in the FIR is not to inspire any other thoughts. He pointed out that it might be translated as laying a test to the sociological ideas of a specific area/sexual orientation of the Brahmin people group. Yet, by no means inspire any other thoughts. The words therefore do not harm religious beliefs.
The words in the poster, most of all pass on the sentiments of the concerned individual. Not of the Brahminical framework existing in society. Opinions cannot be forced onto everyone as J. Mehta stated while cancelling the FIR.
On an end note, this FIR shows forces supporting the Brahmin community. Not only over other castes but other women as well. These systems prevail in India and the Indian Society. They are now ready to challenge even the small image of dominance. Yet, the Judiciary is acting as a guiding hand in these matters. The quashing of this FIR shows that Courts are with women when it comes to patriarchy in any form or matter.
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