- The Court ordered the IMA president to not use his platform to promote any religion and rather work on the welfare of the medical community.
- A lawsuit was brought by Rohit Jha, who claimed that he was promoting Christianity by showing the superiority of allopathic medicine.
- It is alleged that the 30.03.2021 storey published in Nation World News, as well as the defendant's TV debate with Shri Baba Ramadeva, has tarnished his reputation of being a Hindu.
- Secularism is a basic component of our Constitution, and it is not the responsibility of anyone community to keep secularism alive in India; it is the collective efforts of all Indians.
The Delhi Court on Thursday ordered the President of the Indian Medical Association, Dr JA Jayalal, to refrain from using the IMA platform to promote any religion and instead focus on the welfare of the medical community, noting that "saying Christianity and Allopathy are the same and are a gift of the Western world" would be the "most inaccurate assertion."
The news came as a result of a lawsuit brought by Rohit Jha, who claimed that Jayalal began a defamation campaign against Hinduism by pushing Christianity under the guise of "showing the superiority of Allopathic medications over Ayurvedic medicines" in covid therapy.
Jha had relied on a news report from Nation World News dated March 30, 2021, as well as a recent TV debate between Jayalal and Baba Ramdev on news networks.
What Is The Case
Plaintiff has been hurt by the defendant's malicious and defamatory campaign against a certain religion, namely Hinduism, in order to promote Christianism in India under the guise of establishing the superiority of Allopathic medications over Ayurvedic medicines in the treatment of Covid sufferers.
It is claimed that the defendant is using the IMA's wrath to convert Hindus in India to Christianity and that he is abusing his position as President of the IMA to deceive the nation and its residents, including the plaintiff. The relevant headlines and news cuttings from Nation World News Desk dated 30.03.2021 were included in the plaint at the defendant's request.
It is alleged that the 30.03.2021 storey published in Nation World News, as well as the defendant's TV debate with Shri Baba Ramadeva on several TV news channels in the month of May 2021, have significantly tarnished and denigrated the plaintiff's Hindu character.
That the article of March 30, 2021, and subsequent articles highlighting the question of Allopathic Vs. Ayurveda is an obvious and purposeful attempt to denigrate the plaintiff's Hindu religion and nothing else. As a result, the plaintiff brought this lawsuit against the defendant.
Defendant has never made or meant to make any personal remarks about Hinduism. In response to a question from the court about whether the defendant wished to make such a statement on oath, the suit would be ineffective and the plaintiff might withdraw it.
Counsel for the defendant did not want to make such a statement, but instead submitted a two-fold submission to the effect that he has never made any anti-Hindu remarks, nor has he ever tried to force any Indian of any religion to convert to Christianity, nor does he plan to do so.
It was also stated that just linking the Covid-19 recovery in plague with Jesus does not imply that he exerted any influence over Christianity at any point in time or that he was attempting to assist conversion.
He further maintained that any Hindu doctor or individual might claim that such and such Hindu God is assisting in the recovery of Covid-19 patients and that in the same way, Parsi, Muslim, Sikh, and Jewish people can claim that their respective God is assisting in their recovery. It was also stated that just because the plaintiff is Hindu does not mean his feelings have been hurt, and the claim seemed to have been launched at RSS's request.
Plaintiff brought the claim in his or her own capacity, and the allegation of RSS involvement indicates to defendant's ill-intentions once again. The excerpt of the interview relied on by the defendant before this court is altered and tampered with, as the defendant took no action against the two interviews available on the internet while knowing the offensive content, according to cl. for plaintiff.
Defendant claimed that he had organised rallies against government policies across the country with the help of doctors and medical students. He once stated that Hindus have numerous gods, but that they should now consider Jesus to be God. He stated that it is every Christian's responsibility to spread the Bible's message to all people. The plaintiff's lawyer, Ld. cl, called the court's attention to the relevant excerpt of the interview, claiming that it suggests the promotion of Christianity and the condemnation of Hinduism.
Secularism is a basic component of our Constitution, and it is not the responsibility of anyone community to keep secularism alive in India; it is the collective efforts of all Indians. The right to practise one's own religion is protected under the constitution, but only in relation to other religions. For public servants who perform public functions, a person's religion, faith, or belief is irrelevant.
During the hearing, the court inquired whether the interview he gave was in his personal role or as President of IMA, to which the court heard an evasive response. Whatever the case may be, any words said by the defendant on a public platform must be related to his responsible position, therefore the burden of acting cautiously falls heavily on the shoulders of those in higher positions. Even his innocuous statements have a significant impact on society. Certain portions of the interview, at least on the surface, appear to be in conflict with the Indian Constitution.
- Additional Sessions Judge Ajay Goel stated, "It is the duty of every Indian to respect each other's faith." "Nobody should go too far by allowing, pressuring, or creating situations that indicate compelled assent or seek to lure people.
- It would be the most inaccurate assumption to say that Christianity and Allopathy are the same and that they are both gifts from the Western culture. Sushruta, an Indian, is revered as the God of Surgery, and surgery is an important part of Allopathy."
- In addition, the Court stated "Anyone in charge of the responsible role cannot be expected to make any kind of unguarded or careless remark. IMA is a famous organisation whose goals and objectives are focused on doctor welfare and other related issues. Such a platform cannot be used to spread any individual's religious views."
- Jayalal had "seriously disparaged and denigrated his reputation in society as a Hindu," according to Jha, and said that in order to convert Hindus to Christianity, he was misusing his position as President of IMA and thus doing everything he could to mislead the nation and its residents.
The Court noted, quoting DY Chandrachud's views in the Navtej Johar case: "Secularism is a basic part of our Constitution, and it is not the responsibility of anyone community to keep secularism alive in India; it is the collective effort of all Indians. The right to practise one's own religion is protected under the constitution, but only in relation to other religions. For public servants who perform public tasks, a person's religion, faith, or belief is irrelevant."
Hearing the arguments, the Court determined that the IMA President's article published in 'Christian Today' on March 30, 2021, was valid "it's not appropriate.
In addition, the Court noted that: "Despite the fact that the debate between Ayurveda and Allopathy has been highlighted, this court is not willing to comment more. Every type of treatment is vital, with its own set of advantages and disadvantages depending on the situation.
However, no one can expect someone in charge of the accountable post to make any kind of unguarded or careless remark. IMA is a famous organisation whose goals and objectives are focused on doctor welfare and other related issues.
Such a platform can't be utilised to spread any individual's religious views."