Two recent criminal cases from Varanasi have raised grave concerns over the unequal application of criminal law after Muslim and Hindu groups faced different legal outcomes in separate incidents on the Ganges.
The latest case followed the circulation of a social media video showing nine men allegedly cooking chicken, drinking beer and holding a party on a boat on the river. The Dashashwamedh police,on its own, registered an FIR on June 23 under Sections 196(2) and 299 of the BNS, stating that the acts hurt the religious sentiments of millions of Hindus and disturbed the sanctity of the Ganges.
Five accused, Deepak Kumar, Arun Kumar Sahni, Rahul Sahni, Ajay Sahni and Anurag Nishad, were arrested and secured bail the same day. However, the arrest challan cited only Sec. 170 of the BNSS, stating that the men shouted at tourists and posed a risk of disturbing public peace. It didn’t mention the offences listed in the FIR.
The handling of the case stands in contrast with events in March. After a complaint over a video showing 14 Muslim youth breaking their Ramadan fast on a boat, police arrested them under seven provisions of the BNS, along with sections of the Water Prevention and Control of Pollution Act.Investigators later added charges under Sec. 308(5) of the BNS, related to extortion under threat of death or grievous hurt, and Sec. 67 of the Information Technology Act. The basis for the extortion allegation remained unclear.