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"The status quo in the matter of religious demography (of India) has to be maintained. If there is a serious subversion of the status quo, calamitous consequences may follow," observed Justice G.R Swaminathan of Madras High Court in his Judgment on catholic priest Geroge Ponniah's petition to quash FIR in derogatory Kanyakumari speech case. 

While refusing to quash the entire FIR against Ponniah, Justice Swaminathan noted in the order, "The change of religion by such a person cannot be and ought not to be objected to....But religious conversions cannot be a group agenda."

"Our Constitution speaks of composite culture. This character has to be maintained. The clock of history can never be put back. But the status quo that obtains in the year 2022 as regards religious demographic profile may have to be maintained," he added.

Stressing that the speech of 18th July 2021 that Ponniah had given at an event organized for paying homage to Late Stan Swamy, a UAPA accused, was full of provocative words reeking of malice and supremacism, Justice Swaminathan noted, 

"The question is whether the State can ignore such incendiary statements as that of a lunatic fringe. The answer has to be in the negative..... The petitioner boasts that the Christians have crossed 62 percent in Kanyakumari District. He foresees that they would soon reach the figure of 72 percent. His triumphalism is evident when he says “I warn the Hindus” and claims that nothing can stop their growth."

Therefore, taking serious note of petitioner's attempt to target Hindus, the court stated,

"Freedom of conscience and the right to freely profess and propagate one's religion was made a fundamental right.  But the tryst with destiny can be achieved only if the multicultural character of the Indian society continues to remain.....State is there to maintain and uphold the rule of law. But if the tipping point is reached, things may become irreversible."

Court stressed, "He cannot insult or outrage others' religion or their religious beliefs. He cannot be called a disinterested or neutral commentator.The targeted religionists are bound to take offence as they fear potential harm to their interests and well-being. In such an ambience, the Newton's third law, “every action has an equal and opposite reaction”, may start operating."

Noting thus, court refused to give immunity to Ponniah from application of sections 153A (promoting enmity), 295A (outraging religious feeling) and 505(2) of Indian Penal Code for his speech. 

Crux of the matter

On 18th July, 2021, in a meeting organized at Arumanai, a village in western Kanyakumari District Ponniah had allegedly given a speech outraging sentiments of Hindus. He had even painted Bharat Mata & Bhuma Devi as filthy & causes of infection.

The speech went viral and provoked considerable public outcry. In the aftermath, a case was registered against Ponniah for the offences under Sections 143, 153A, 295A, 505(2), 506(1) and 269 of IPC and Section 3 of the Epidemic Diseases Act, 1897. To quash the FIR, the present petition had been filed.

Case Title: Fr.P.George Ponnaiah v. The Inspector of Police,Arumanai Police Station, Kanyakumari District, Kanyakumari and Ors.