Journalism cannot be criminalised for highlighting religious fundamentalism, militancy: Gauhati High Court

The Gauhati High Court on August 7 quashed criminal proceedings against a journalist accused of promoting disharmony between communities through a newspaper article published in 2016 [Kongkon Borthakur vs. The State of Assam & Anr.].

Justice Pranjal Das ruled that reporting on issues such as illegal migration, religious fundamentalism and militant activities could not, by itself, amount to an offence under Section 153A of the Indian Penal Code.

“It is the core duty of journalism to raise burning issues, which matter to society. Raising concerns about illegal migrants, religious fundamentalism, militant activities and demographic threats to the indigenous people cannot, by itself, be construed as an attempt to create enmity between groups or to incite violence,” the order said.

The Court was hearing a plea to quash an FIR lodged by the president of the All Assam Muslim Students’ Union (Sivasagar), who alleged that a report published in the Assamese daily Dainik Janambhumi on November 8, 2016 attempted to create disharmony in an otherwise peaceful area.

The petitioner, a journalist, argued that the report was based on ground-level research and highlighted concerns relating to demographic changes, cross-border migration and fundamentalist activity. He submitted that the FIR did not disclose the ingredients of Section 153A of the IPC, which requires proof of intent to promote enmity between two groups.

The Court referred to several precedents to clarify that prosecution under Section 153A requires at least two communities being pitted against each other, along with a deliberate intention to incite violence or hatred. Mere criticism or highlighting of social issues cannot amount to promoting enmity, the Court noted.

Justice Das observed that the article did not target any specific religious or ethnic community and was instead an exercise of the journalist’s professional duty to bring pressing issues to public attention. He underscored that journalism cannot be penalised for raising matters of public concern.

After examining the contents of the report and the allegations in the FIR, the Court concluded that the essential ingredients of Section 153A were not satisfied.

“The journalist has not cast aspersions on any ethnic or religious group per se,” the Court noted, setting aside the criminal proceedings.

[Read Order]