This story is from June 5, 2021

Court: Platforms Like IMA Can’t Be Used To Propagate A Religion

Court: Platforms Like IMA Can’t Be Used To Propagate A Religion
New Delhi: Mazhab nahi sikhata apas mein bair rakhna, said a court while directing the president of Indian Medical Association, Dr J A Jayalal, not to use the IMA platform to propagate any religion, and warned him that a loose comment couldn’t be expected from a person chairing the responsible post.
“This couplet of Mohd Iqbal gives strength to our belief and secularism and will remain so for ages in our country. The word Hindi in this couplet, written by a Muslim poet, does not refer to Hindus but is referred to all Hindustanis irrespective of caste, colour and religion, which is the beauty of secularism,” said additional district judge Ajay Goel.
The court was acting on a suit filed by one Rohit Jha against Dr Jayalal for allegedly hurting Hindu religious sentiments “by way of promoting” another faith “in the garb of proving superiority of allopathic medicines over ayurveda in treatment of Covid-19 patients”.

Jha alleged Dr Jayalal was misusing his position and misleading the nation and its citizens. The IMA chief, however, stressed that he had neither remarked against Hinduism nor ever tried to force conversion of any Indian into Christianity.
The court noted, “Secularism is a fundamental aspect of our Constitution... Freedom to profess one’s own religion is also an integral part of the Constitution but with respect to other religions as well.”
It said “exclusivism” or preference of one religion over others by the state or public functionaries or private bodies, while discharging public functions, struck at the very root of secularism. “It negates neutrality, promotes discrimination and denies equal treatment.”

Noting that the suit seems to be an offshoot of a verbal duel on allopathy vs ayurveda that had “turned into an ugly tussle between two sections of society”, the court said no injunction was required based on the assurance given by Dr Jayalal that he won’t indulge in such activity. “It is expected from him that he will not give any such occasion so that people may believe otherwise or indulge in any activity contrary to the principles enshrined in the Constitution and shall maintain the dignity of position chaired by him,” the order stated. “He shall not use the platform of IMA for propagating any religion.”
Dr Jayalal submitted he was not against ayurveda but against “mixopathy”. The court said, “Though the controversy...has been raised but this court is not inclined to further comment upon the same.”
It continued, “Any kind of unguarded or loose comment cannot be expected from anybody chairing the responsible post.” Pointing out that IMA is a prestigious institution meant for the welfare of doctors and other related aspects, the judge said, “Such a platform cannot be used to propagate any individual’s views on any religion.”
“While the fundamental rights have been given in the Constitution, fundamental duties have also been assigned. It becomes a bounden duty of every Indian to honour the religion of each other,” the court said. “Saying Christianity and allopathy are the same and is a gift by western world would be the most inaccurate assertion. Sushrata who was an Indian is considered god of surgery and surgery is an integral aspect of allopathy.”
End of Article
FOLLOW US ON SOCIAL MEDIA