Question

Ms. Usha wants to file a suit against Bhagyalaxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named “Jai Santoshi Maa”. Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

पर्याय

• She cannot file a suit because injury to religious feelings is not a legally recognized right.

• She cannot file a suit because the Theatre has a fundamental right to speech and expression.

• She can file a suit as injury to religious feelings has been legally recognized as a right (injuria sine damnum)

• It is a case of complete judicial discretion.

Answer 1

She cannot file a suit because injury to religious feelings is not a legally recognized right.

Explanation:

This case belongs to nuisance, the leading case of  Usha ben V bhagyalakshmi chitra mandir