Deliberate religious insult and public order: Section 295A is upheld as a valid restriction on free speech.

Section 295A of the Indian Penal Code is upheld as a valid restriction on freedom of speech and expression because it targets only deliberate and malicious insults to religion or religious beliefs made with intent to outrage religious feelings. Such aggravated conduct has a calculated tendency to disturb public order, and a law of this character falls within the phrase "in the interests of" public order under Article 19(2). The protection of religious freedom under Articles 25 and 26 is also subject to public order, and the provision is not so wide as to impose an unconstitutional restriction.

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Issues: Whether Section 295A of the Indian Penal Code was unconstitutional as infringing freedom of speech and expression under Article 19(1)(a) of the Constitution of India and whether it could be upheld as a reasonable restriction in the interests of public order under Article 19(2).

Analysis: The provision punishes not every insult to religion, but only insults or attempts to insult religion or religious beliefs committed with deliberate and malicious intention of outraging the religious feelings of a class of citizens. Such aggravated acts of insult have a calculated tendency to disturb public order. The phrase "in the interests of" public order is broad enough to include a law of this character, even though every case of insult may not actually lead to disorder. The guarantees of freedom of religion under Articles 25 and 26 are themselves subject to public order, reinforcing that a law dealing with deliberate and malicious religious insult may validly operate within the constitutional limits. The section is not so wide as to cover constitutionally impermissible restrictions, and the question of severability does not arise.

Conclusion: Section 295A of the Indian Penal Code is a valid law protected by Article 19(2) and is not unconstitutional.

Ratio Decidendi: A penal law targeting only deliberate and malicious insult to religion, where the prohibited conduct has a calculated tendency to disturb public order, is a reasonable restriction on freedom of speech and expression and is saved by Article 19(2).

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