INDIA’s FIRST BLASPHEMY PROSECUTION: 

THE REASON CASE, 1933

 In March 1942 the Rationalist Association of India, Bombay published a booklet called In Defense of Free Expression. The booklet is a report of the court proceedings against Dr.D'Avoine in 1933-34 for his article Religion and Morality published in the Sept 1933 issue of "Reason". 

Dr. D’Avoine

Dr. D'Avoine was born on 4th Dec 1875 and educated there and in France and Belgium. He started writing for Rationalism since 1908. He was the Editor of Reason from 1931 to 1936, President of the Rationalist Association of India from 1938 to 1940. 

The article Religion and Morality was published in Sept 1933.

On 6th Dec 1933 Bombay Police Inspector Lyon and another officer of the Criminal Investigation Department entered the Kamath Printing Press and confiscated all the copies of Reason and Later Dr. D'Avoine was arrested and charged under Indian Penal Code 295-A of "outraging the religious feeling of His Majesty's Subjects by words spoken or written..." Pleading not guilty Dr.D'Avoine filed the following statement (edited for brevity):

Dr. D’Avoine’s Statement

 "1. I am 58 years of age and was born in the British Colony of Mauritius where French is spoken in a large section of the population. I received my medical education in France and Belgium and took the degree of M.D. in the latter country. I have been practicing medicine in Bombay for the last 25 years.. I was born in Roman Catholic family and am married in another Roman Catholic family. I have amongst my patients a large number of Roman Catholics, and I am also the doctor attending many Catholic Nuns and the inmates of their convents in Bombay whenever my services are required and this has been so for the last 20 years. Similarly I have friends who are Roman Catholics.

"2. Although born and brought up as a Roman Catholic, my education and study of comparative religions have however changed my views so as to have a scientific and rational outlook on life and I disapprove of all superstitious rites, ceremonies or beliefs. Even regarding scientific theories, I, like every rationalist, have an open mind and should change acceptance of a theory if later discoveries prove it to be erroneous.

"3. I have been the local corresponding secretary of the Rationalist Press Association of London for about 25 years among whose members are noted men of science and philosophy of outstanding merit like Prof.Haldane, Prof.H.Laski, Leonard Huxley, Prof.Julian Huxley, Sir Arthur Keith, Sir P.Chalmers Mitchel, Dr.R.P.Paranjpye, Mr.Joseph McCabe, Prof.C.J.Pattei, the Earl of Russell, Lord Snell, Prof. Westermarck, Sir John Summer, H.G.Wells and many others.

"4. I have been for the last 30 years a consistent writer on Rationalism in Bombay, and my articles and contributions on the subject have often appeared in the "Times of India", the "Bombay Gazette" and other English and Indian dailies of India.

"5. I joined the Anti-Priestcraft Association (Rationalist Association of India since 1931) as soon as it was formed by a number of educated and influential men in Bombay in 1930, and have been one of its Vice-Presidents and Editor and publisher of "Reason", the organ of the Association whose avowed object is to create a scientific and tolerant mentality among the people of this country.

"6. I bear no malice against the Roman Catholic religion, nor against Islam or any other religion nor against the followers of any religion or sect. In writing the article "Religion and Morality" my object was to make it clear that a rationalist stands for the best and the highest moral code and the best hygienic principles, and that morality as such plays but a secondary part in the religious beliefs of the uneducated and uncultured classes, and that they attach more importance to unimportant spectacular practice and superstitious rites rather than serious ethical and moral consideration...

"7. From the official census figures for 1931, it appears that there are 64 million Christians of all sects in India including the Native States of which 1 3/4 millions are in the Madras Presidency and 2 millions are in Travancore and Cochin. About 25% of the local Christians of India are illiterate. The magazine "Reason" is published in English with a circulation of less than 500 amongst the educated classes who are in a position to do something, if they would, to reform the superstitious practices prevalent in this country, and whose views are likely to gradually influence the less educated classes, and it is needless to add that the magazine makes no appeal to nor expected to be read by the illiterate Catholics.

"8. I make the same submission as in the preceding paragraph with regard to Moslems also and I may add that I have a large number of Moslems also amongst my patients and friends...."

That was filed by Dr.D'Avoine on 31st Jan 1934.

Excerpts From Judgement

The following excerpts are from the Judgement delivered on 5th Mar 1934 by Sir H.P.Dastur, the Chief Presidency Magistrate of Bombay:

"Section 295-A....was introduced by the Criminal Law Amendment Act 25 of 1927 in consequence of the decision..in what is known as the Rangila Rasul case, in which it was held that section 153-A was not meant to stop polemics against a deceased religious leader however scurrilous and in bad taste such attacks may be.

"Any criticism, and particularly a vigorous criticism, of any religious belief is bound to hurt or insult the religious feelings of the class of people professing that faith...

"As however, that would stifle all honest attempts to introduce social reforms, Legislature has not made a mere intent to insult the religious feelings of any class of His Majesty's subjects, penal under this section. It requires that that should be deliberate intention of the writer and ... "malicious"....

"The accused has offered certain criticisms on what he regards as "superstitious beliefs" of the Roman Catholics. I have read the writing complained of over and over again and I am of opinion that it is absurd to impute to the writer a deliberate and malicious intention to outrage the religious feelings of the Roman Catholics.

"The objects of the Association of which "Reason" is the official organ it given at the back cover of the Magazine. It is "to combat all religious and social beliefs and customs that cannot stand the test of reason and to endeavor to create a scientific and tolerant mentality among the masses of the country."

"Such a magazine would naturally attack some of the religious and social beliefs of all religions, and would to a certain extent necessarily would the feelings of those that held such beliefs. The accused himself was born in a Roman Catholic family and is married to another Roman Catholic family. He has now changed his views and calls himself a "Rationalist". He is the Secretary of the Rationalist Press Association and as the editor of the Magazine, he writes articles and contributions in the Magazine. He would naturally write articles attacking certain religious or social beliefs not with the deliberate and malicious intention of outraging the religious feelings of others but with a view to combat such beliefs and to endeavor to create a scientific and tolerant mentality among the masses or to try and convert them to his own views.

"In Ex.D-2 he says "The Holy Year is in full swing and every stunt calculated to raise the emotion and piety of the faithful is being done to make it a success". Except the word "stunt" I do not see anything objectionable.

"The accused may be wrong in stating the Catholic or the Mohammedan point of view. But it is his view that morality as such plays but a secondary part in the religious beliefs of the uneducated and uncultured classes.

"The article merely represents the writer's views on "Religion and Morality". I do not think that the article falls within section 295-A.

Thus Sir H.P.Dastur dismissed the case.

For a Full and Complete Account of the REASON CASE, order the booklet In Defence of Freedom of Expression (Rs. 30 or 5 US Dollars) , from

Indian Secular SocietyC/o Indian Committee for Cultural FreedomArmy and Navy Building148 Mahatma Gandhi RoadMumbai 400 001India