BARAGUR RAMCHANDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) SRI Basaveshwara, a great mystic saint, poet, philosopher, religious leader and social reformer of 12th Century, who was known as "basavanna" affectionately and out of reverence by his followers was born in Bagewadi in Bijapur District, Karnataka State. Akkanagamma was his elder sister and a saintly woman. Her son Channabasaveshwara was a great social reformer and the preacher of Veerashivism and Basava Philosophy. The family was one of great social reformers working with untiring zeal to promote equality in Hindu Society at that time. His life and teachings have been a source of inspiration to millions of people in South India. He revolted and fought against the rituals, superstitions and distinctions of caste and creed encouraged by certain decadent sections of Hinduisom, at a time when the society was dissipated by a system of hierarchy of castes and creeds, and rituals which held their sway. He brought about a social revolution to restore the status of man and woman in all their human dignity, considering all men and women from all walks of life equal in the fellowship of service by preaching the dignity of labour through his philosophy of 'kayaka'. He propagated doctrine of equality and brotherhood, in the days of totalitarianism. Basaveshwara followed by Channabasaveshwara were first to propagate the dignity of manual labour and human endeavour. They advocated equality amongst all sections and classes of workers, first among them, was 'work is Worship'. Basaveshwara revolted against orthodox system prevailing like animal sacrifice, yagas and Homas and revolted against the caste system which discriminated between man and man and propagated a castless shaivism to achieve the universal brotherhood for happy and quite life without any discrimination. During their life time, they preached Saivism to all classes of people. After their death, they are deitified and worshipped. The Channa Basaveshwara temple built at Ulvi is called Ulvichannabasavesvara Temple. Similarly, a temple is built for Akkanagamma at Anachale in Chikkamagalur District where she was buried after her death. Every year, large number of pilgrims visit these places and express their religious devotion. The Samadhi of Basaveshwara at Kudala Sangama is worshipped and revered as a holy place. The three saints are worshipped as great social and religious reformers and persons with divinity. Jainism and Buddhism had prevailed earlier in the areas where Basaveshwara's preachings took root. Afterwards the Saivism propagated by Basaveshwara and Channa-basaveshwara had a large following and many embraced Veerashaivism as preached by Basaveshwara and worshipped him. It is relevant to mention here that Channabasaveshwara systematized and metamorphised Veerashaivism. The Veerasaivism as preached and taught by Basaveshwara and Channabasaveshwara is prevalent in a large part of the Karnataka State and neighbouring areas.

(2.) THE 11th petitioner herein has written a Novel called "dharmakarna", the first edition of which has been published in the year 1995. In that novel, the story of Basaveshwara Akkanagamma and Channabasaveshwara is told in first person, the narrator being Basaveshwara, depicting Vachana movement of Basaveshwara and Channabasaveshwara of 12th Century. The Book was selected by the Karnataka Sahitya Academy for its annual award as the best novel for the year 1995. At that time, some eminent Literary figures including Sri B. D. Jatti, Former Vice-President of India, Dr. H. N. Chandrasekhar and several eminent religious Heads of Virashaivism wrote a letter to the Government requesting the ban of the book as certain statements in that novel were highly objectionable, hurting and insulting the religious sentiment of Veerashaivas and followers of Basaveshwara. The Government brought this fact to the notice of the Karnataka Sahitya Academy.

(3.) AKHILA Bharat Veerashaiva Mahasabha, a Registered Society, instituted a Suit in O. S. No. 1931/97 in the City Civil Court at Bangalore, against the State Government and others seeking an injunction to restrain the defendants from conferring an award to the Book, on the Author and for an order restraining the sale and publishing of the book on the ground that certain historical facts relating to Akkanagamma (mother of Channabasavesvara) have been distorted by the Author in his book. The Civil Court issued a temporary injunction. It is also the case of the Government that, there was a great uproar in the floor of the Legislative Assembly against the book on 26-3-1997 and other days. There were also incidents of burning of the copies of the books in Mysore and other places and there were protests from the followers of Basaveshwara. Therefore, the Government has issued a Notification dated 27-3-1997 by virtue of Section 95 of the Code of Criminal Procedure, confiscating copies of the book 'dharmakarana'. A Criminal Petition was filed under Section 97 of the Code of Criminal Procedure seeking quashing of the Notification. When the case was heard, it was found that the notification was not signed by the proper authority. Therefore, the Government withdrew the Notification dated 27-3-1997, on 26-6-1997 with liberty to issue a fresh Notification, under the orders of this Court. A fresh Notification was issued on 26-6-1997 forfeiting all the copies of the novel 'dharmakarana'. The present petition is filed assailing the above Notification.