‘The public humiliation assumes far graver consequences as it has been committed by a person holding a high constitutional office’, says one of the complainants
NEW DELHI — Taking strong exception to Bihar Chief Minister Nitish Kumar pulling down the hijab (veil) of a Muslim doctor at a government function in Patna on Monday (December 15), two prominent activists from Hyderabad, Khalida Parveen and Lubna Sarwath, have filed police complaints against him.
The video of the incident went viral sparking wide condemnation from political parties and social Muslim organisations.
On Wednesday, Khalida Parveen approached the Langar Houz police, urging them to file an FIR against the chief minister for outraging a woman’s modesty.
“In a secular country like India, the act of forceful removal of a Muslim woman’s veil is not only a violation of her right to privacy and dignity guaranteed under Article 21 but also equivalent to snatching away her fundamental right to live according to one’s culture and religious freedom as guaranteed by Article 25 Constitution of India,” her complaint stated, according to a report published in The Siasat Daily.
She further said that the public humiliation assumes far graver consequences as it has been committed by a person holding a high constitutional office who is expected to uphold the rule of law and act as a role model for society at large.
She has asked for an FIR to be lodged under Section 74 (assault or use of criminal force of a woman with intent to outrage her modesty), Section 79 (word, gesture or act intended to insult modesty of a woman), Section 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious feelings) and Section 302 (uttering words, etc., with deliberate intent to wound religious feelings of any person) of the Bhartiya Nyay Sanhita.
Similarly, Lubna Sarwath also approached the OU Sity police, asking for a Zero FIR to be lodged. She stated that Nitish Kumar’s act, which was also covered by national media outlets, amplified the humiliation and violated the woman’s privacy rights under the Digital Personal Data Protection Act, 2023, the report said.
Sarwath has asked for a Zero FIR to be registered under BNS sections 74, 79, 126 (wrongful restraint), 196 (promoting enmity between groups on grounds of religion), 197 (deliberate and malicious acts intended to outrage religious feelings), 198 (Public servant disobeying law, with intent to cause injury to any person) and DPDP Act 2023, Sections 4, 5, and 33 for Unauthorized processing and dissemination of personal data (video footage) without consent.
She has asked for the FIR to be transferred to the competent police station in Patna for investigation and for preservation of video evidence for proceedings against the accused.
