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The novel was published by S. Harish in a serialized form in a Malayalam periodical ‘Mathrabhumi’. According to the petitioner, N. Radhakrishnan, a resident of Delhi alleged that the dialogue between two characters in the novel were of abusive nature for the temple going women. Also the comments made with reference to the Brahmins who perform Pooja in the temple is entirely portrayed casteist/ racial slur.
Advocate Usha Nandini, appearing on behalf of the petitioner presented the petition before the CJI and he agreed to hear the case. In the petition it was stated:
“The aforesaid publication caused public outburst and protests across the nation, especially in the state of Kerala as the matter was published in Malayalam language. Post the publication of the incrimination article; Hindu women visiting temple were subjected to ridicule and embarrassment through various social media platforms. Trolls, which appeared and were circulated on social media have caused deep pain and anguish to the temple going Hindu believers.”
The petitioner also mentioned in its petition that despite knowing the repercussions of the publication, the State did not try to impose any sort of ban on the selling of the book. Therefore the petitioner was forced to knock the doors of the court with folded hands to act judicially.
The reference was made to the decision rendered by the SC in Subramanian Swamy v. UOI, wherein it was stated that right to free speech does not give the power to defame another. Rigt to reputation is one of the fundamental rights.
The petitioner prays to the court to lay guidelines in the matter regarding the publication of the book. As the State government is not taking any strict action against the novel they are indirectly inviting public to take action. The petitioner request the court to seize all the copies of the novel and stop the further publication.
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