Kailash Kher Cleared in Controversial Song Case
The Bombay High Court has dismissed a long-standing complaint against acclaimed singer Kailash Kher, who faced allegations of offending religious sentiments through his song “Babam Bam,” dedicated to Lord Shiva. In a ruling made public on March 4, 2025, the court found no evidence of malicious intent on Kher’s part, quashing a complaint that had been filed in 2014. The decision highlights the importance of distinguishing between personal dislike and intentional harm in matters of religious sensitivity.
Court Finds No Evidence of Malicious Intent
The complaint against Kailash Kher originated from his 2007 song “Babam Bam,” which is part of the album “Kailasa Jhoomo Re.” Narinder Makkar, a self-identified devotee of Lord Shiva, claimed that the song’s music video featured “scantily dressed women” and inappropriate scenes that he found offensive. Makkar sought legal action under sections 295A and 298 of the Indian Penal Code, which address acts intended to outrage religious feelings. However, the Bombay High Court ruled that the song’s lyrics were purely celebratory, praising Lord Shiva and his attributes.
The court emphasized that for a charge under IPC Section 295A to be valid, there must be a clear intent to insult religious beliefs. The judges noted that merely disliking a piece of art does not equate to an offense. “Every action which may be to the dislike of a class of people may not necessarily lead to outraging religious sentiments,” the bench stated, underscoring the need to differentiate between personal offense and deliberate insult.
A Decade-Long Legal Battle Ends
Kailash Kher’s legal troubles began in 2014 when Makkar filed his complaint in Ludhiana, Punjab. Following Kher’s failure to appear in court, bailable warrants were issued against him, prompting the singer to seek relief from the Bombay High Court. The court granted interim protection, preventing any coercive action against Kher until the final ruling was made this month.
In his defense, Kher, represented by advocate Ashok Sarogi, argued that he was merely the performer of “Babam Bam” and had no involvement in the video’s choreography or direction, which was managed by Sony Music Entertainment. Sarogi highlighted that the video had received clearance from the Central Board of Film Certification (CBFC) prior to its release, reinforcing that its content was not intended to offend. The court concurred, stating, “What is important to note in this whole scenario is the absence of the deliberate and malicious intention on the part of the petitioner, who is just singing the song.”
Bombay High Court Critiques Intolerance in Society
In its ruling, the Bombay High Court addressed broader societal issues, referencing author A.G. Noorani to emphasize the necessity of tolerance in a free society. The court remarked, “Intolerance of dissent from the orthodoxy of the day has been the bane of Indian society for centuries.” This statement reflects the judiciary’s commitment to balancing freedom of expression with respect for religious sentiments, a theme that recurs in similar cases.
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