The Cyber Police in Thiruvananthapuram have initiated legal action against the writer of a parody song that went viral during the recent local body election campaign in Kerala. The case, registered for allegedly hurting religious sentiments, stems from a complaint that the parody misused a devotional song dedicated to Lord Ayyappa.
The Complaint and the Accused
The complaint was filed by the Thiruvabharana Patha Samrakshana Samithi, which alleged that the sacred devotional song 'Pallikettu Sabarimalakku' was distorted for political messaging. The lyrics of the controversial parody, titled 'Pottiye Kettiye', were penned by G P Kunjabdulla of Chalappuram, Kozhikode, who is currently working in Qatar.
The state police chief had forwarded the complaint to the ADGP (Law and Order) to examine whether any penal provisions were applicable and if a criminal case was legally sustainable. Following this examination, the cyber police proceeded with registering the case.
Political Reactions and Legal Counterpoints
The viral song triggered strong political reactions. The CPM demanded action against the song, with party functionaries stating that invoking Lord Ayyappa and devotional songs for electoral purposes was inappropriate and offensive to devotees.
CPM Pathanamthitta district secretary Raju Abraham said parodying devotional songs linked to any religion was unacceptable and that complaints should be examined seriously. Rajya Sabha MP A A Rahim also criticized the parody and called for action.
However, a contrasting legal opinion emerged. Supreme Court lawyer and legal expert M R Abhilash argued in a social media post that the song highlighted the political and criminal dimensions of the Sabarimala gold heist case without denigrating Lord Ayyappa or undermining devotional beliefs.
Abhilash stated that if the song offends anyone, it is only those who fear it would help register the gravity of the gold heist case in the public mind. He referenced BNS section 299, explaining that a case for hurting religious sentiments requires a conscious intention to insult beliefs.
Content of the Song and Legal Foundations
The song, which circulated widely on social media platforms during the campaign, makes direct references to the Sabarimala gold heist. It alleges that Unnikrishnan Potti, named as the first accused in the case, was taken to Sabarimala and that gold was stolen from the temple, attributing the act to CPM workers.
Legal expert Abhilash further argued that naming those accused of leading the theft amounts to an exercise of both freedom of expression under Article 19(1)(a) of the Constitution and freedom of worship under Article 25. He pointed out that such penal provisions would apply only if the deity or the core beliefs associated with Sabarimala were mocked or ridiculed, which he contends was not the case here.
The incident underscores the ongoing tension between political satire, religious sensitivity, and constitutional rights in India, setting the stage for a significant legal interpretation.
