Police in Thiruvananthapuram have launched a detailed examination to determine if legal action can be taken against a parody song that spread widely on social media during the recent local body election campaign. The probe follows a formal complaint alleging the song misused a sacred Ayyappa devotional tune and hurt religious feelings.
Complaint and Political Reactions
The complaint was filed by the Thiruvabharana Patha Samrakshana Samithi. The group alleged that the sacred devotional song 'Pallikettu Sabarimalakku' was distorted and used for political messaging. The State Police Chief has forwarded this complaint to the ADGP (Law and Order) for a thorough legal review. The officer will examine if any penal provisions are applicable and whether a criminal case can be legally sustained.
The parody has ignited significant political reactions. The CPM has publicly demanded action against the song. Party functionaries stated that invoking Lord Ayyappa and devotional songs for electoral purposes was both inappropriate and offensive to devotees. CPM Pathanamthitta district secretary Raju Abraham emphasized that parodying devotional songs linked to any religion is unacceptable and complaints should be taken seriously. Rajya Sabha MP A A Rahim also criticized the parody and called for action.
Content of the Song and Legal Counterpoints
The controversial song, which circulated widely during the campaign, makes direct references to the high-profile Sabarimala gold heist case. 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. The lyrics were penned by G P Kunjabdulla, a native of Chalappuram, Nadapuram, who is currently working in Qatar.
However, a contrasting legal opinion has 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 gold heist without denigrating Lord Ayyappa or undermining core devotional beliefs. He stated that if the song offends anyone, it is likely those who fear it will cement the gravity of the case in the public mind.
Abhilash provided a detailed legal perspective, noting that under BNS section 299, a case for hurting religious sentiments can be registered only if there is a conscious intention to insult religious beliefs through words or writing. He argued such provisions would apply only if the deity or the core beliefs of Sabarimala were mocked. Referring to the FIR in the gold heist case, filed on high court directions, Abhilash contended that naming the accused is an exercise of both freedom of expression under Article 19(1)(a) and freedom of worship under Article 25 of the Constitution.
Current Status of the Investigation
As of now, no formal case has been registered. Police sources confirm that a preliminary legal scrutiny is actively underway. The authorities are meticulously examining whether the song violates any provisions related to religious sentiments or other applicable laws. The outcome of this scrutiny will determine the next course of action, balancing concerns of religious sensitivity with constitutional rights.
