Calcutta HC Seeks Report From Dy. Commissioner In Case Against Bengali Poet Srijato Bandopadhyay

Calcutta High Court recently sought a detailed report from the Deputy Commissioner in the case of Biplab Kumar Chowdhury vs. State of West Bengal and Ors.

Celebrated Bengali poet Srijato Bandopadhyay has been at the epicenter of many controversies in his long literary career. In one of his poems, titled “Abhishap” or Curse which he published on Social media in 2017,  he wrote in the last four lines:

“Where patriarchy stands akin to religion, and religion embodies man’s rule

I, a woman, shall suffer and suffer even after death

You take me out cold, naked from my forgotten grave and violate my violated body, rape me

And your Trishul, the symbol of your religion, wears the condom(in shame)” (Translated)

A first complaint was filed by a member of the Hindu Samahati where he claimed that the poem, especially in its last 2 lines, hurt the religious sentiments of Hindus. Following the post, even Facebook removed the post for some time, later restoring it.

The poet received flak from all corners of the country and was threatened, which prompted him to request Police protection. This post was put up after Yogi Adityanath was appointed the Chief Minister of Uttar Pradesh. He was charged under Section 295(A) of the Indian Penal Code and Section 67 of the Information Technology Act dealing with provisions pertaining to hurting religious sentiments and publishing materials that corrupt people with a malicious intent.

Later in 2019, the same post caused a series of protests in Barak Valley in Silchar where Srijato had gone to attend an event, “Eso Boli”( Let us speak) where he had to be escorted back by police to a nearby guest house and assured protection by the West Bengal Government.

This was not the first time that religious fundamentalism overpowered the fundamental right of free speech and expression. Taslima Nasrin’s Dwikhandita was banned by the Government of West Bengal for the book questioning religious fundamentalism and was vehemently opposed by poets and intellectuals Syed Shamsul Haq, and Sunil Gangopadhyay among others. 5 Fatwas were also issued against her and the Government in West Bengal also ordered the confiscation and stalled the distribution of the book in West Bengal. The same was based on an apprehension that communal tensions and discord could erupt because of the book.

In Srijato’s case, the petitioner, Biplab Kumar Chowdhury filed the petition, and the Additional Chief Judicial Magistrate, Barrackpore directed the submission of a report regarding the probe, which had not been done till 2022.

Following this, the plea was filed stressing the immediate necessity to submit the report of the probe. The Biddhanagar Police transferred the given case later to the Detective Department and the petition prayed for a detailed report and restoration of the hurt religious sentiments of the Hindus associated with the Trishul and Lord Shiva. The petition also alleged that the Police Department had been not performing its duty, stating the Police Department’s partial treatment and safeguarding of the respondent.

Therefore, a Calcutta High Court bench of Justice Rajsekhar Mantha had recently directed the Deputy Commissioner of Police, Detective Department, Arish Bilal to submit a comprehensive report, that shall be vetted by the Commissioner of Kolkata Police before the next hearing on 17 November 2022.