Indian court quashes case against teacher over Urdu poetry status
Madhya Pradesh High Court says sharing Urdu literary video without incitement cannot be treated as threat to public order
NEW DELHI, India (MNTV) — A court in India has quashed a criminal case filed against a government school teacher for sharing a video of Urdu poetry on WhatsApp, in a ruling that has reignited debate over free expression, policing of Urdu cultural content, and the growing use of criminal law against online speech.
The Madhya Pradesh High Court ruled that merely sharing a poem without any intent to provoke violence or spread hatred could not be treated as a criminal offense under India’s new penal code provisions related to public disorder and communal enmity.
The case stemmed from a WhatsApp status uploaded by the teacher on July 22, 2025, featuring a recitation of the Urdu poem “Be-Haya,” written by poet Shoaib Kaini.
According to court records, no immediate unrest followed the post. However, police later summoned the teacher to a police station, seized his mobile phone, and registered a criminal case alleging the video was objectionable, offensive toward women, and inappropriate for a teacher.
The case was filed under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), India’s new criminal code, which penalizes statements allegedly capable of disturbing public order or promoting enmity.
In its ruling, the bench led by Justice B.P. Sharma said the prosecution had failed to demonstrate any evidence that the poem promoted hostility between communities or posed a genuine threat to public peace.
“Sharing a poem without any additional comment or intent to incite cannot be treated as promoting enmity or causing public disorder,” the court said.
The bench observed that the Urdu poem was already publicly available on a platform dedicated to Urdu literature and poetry and noted that the work itself focused on human rights issues and violence against women.
The court further said the police complaint relied on vague and subjective allegations rather than concrete evidence showing criminal intent or incitement.
The teacher argued before the court that he faced threats and hostility after the criminal case was registered and later sought police protection, alleging authorities failed to act on his complaints.
The High Court directed police to provide security to the teacher if required and ordered that his confiscated mobile phone be returned.
The judgment comes amid growing concerns among writers, academics, and rights advocates over increasing scrutiny of Urdu language and expression in parts of India under the broader rise of Hindu nationalist politics.
Although Urdu originated in the Indian subcontinent and has deep literary roots across North India, the language has increasingly become politically charged in recent years, with right-wing groups often portraying it as foreign or exclusively linked to Muslims despite its long shared cultural history.
We must take charge of our narrative. Research indicates that 92% of their Muslim coverage is negative. Help us change that.
Have Your Say!
Have you been affected by the issues raised in this story? Please share your experiences by emailing haveyoursay@soundvision.com.
Please include a contact number if you are willing to speak to a Muslim Network TV’s representative. You can also get in touch in the following ways:
Tweet: @MuslimNetworkTV
