The Madras High Court quashed an FIR filed against filmmaker Divya, who was charged under IPC Sections 153A (promoting enmity) and 505(1)(b) (public mischief) along with IT Act Section 66F, for allegedly defaming the Thevendra Kula Vellalar community in her documentary on manual scavenging. The complainant claimed the film incited caste conflict, but the court found no evidence of promoting hatred between groups, noting the documentary aimed to raise awareness about abolishing manual scavenging. The judges held that merely naming a community did not constitute offenses under the invoked sections, emphasizing the film’s social reform intent. The ruling underscored the distinction between defamation and incitement, dismissing the FIR as legally untenable. The case highlighted judicial safeguards against misuse of penal provisions to stifle advocacy.
