Rehana Fathima can posts opinions publicly without hurting religious sentiments: SC

The Supreme Court on Tuesday stayed the Kerala High Court’s order preventing activist Rehana Fathima from publicly stating her opinion through various mediums, including social media. The case pertains to Rehana posting a YouTube cookery video in which she described a beef preparation as "gomatha ularthu."

According to LiveLaw, the SC bench was headed by Justice Rohinton Nariman, who issued the stay. However, the Supreme Court also noted that the HC direction in another case, which barred Rehana from expressing opinions that would hurt religious sentiments, would continue.

In November last year, the Kerala HC noted that until the trial was over, Rehana “shall not directly, indirectly or through any other person publish, transmit, share, upload or disseminate or publish any material or any of her comments through any visual and electronic media, open to the public."

Justice Sunil Thomas of the Kerala HC had reportedly stated that the use of “gomatha” to refer to beef during the cooking show hurt the religious sentiments of people. The HC had also asked Rehana to remove the video from her YouTube channel.

As per the High Court, this was in violation of the bail condition in another case against Rehana, pertaining to alleged derogatory remarks against Lord Ayyappa, the deity of the Sabarimala Temple. In that case, the High Court had reportedly ordered her to refrain from expressing opinions or comments that would hurt religious sentiments.

The High Court observed the cooking video as violation to its previous order. Without cancelling bail, the court passed the order, which has now been stayed by the Supreme Court.

In November, the HC refrained from cancelling the bail, stating, "The arrest and detention of the accused in two crimes has not improved the conduct of the accused. Still, on a firm belief that she will start recognising the rights of others and that exercise of one's Right to Freedom of Speech and Expression should not offend the fundamental and statutory rights of others, I am inclined to give her one last opportunity."

Last year, Rehana Fathima was booked for posting the POCSO Act (Protection of Children from Sexual Offences) for uploading a video showing her two children painting her semi-nude body.