‘Dog has special place in Hinduism’: Court cancels FIR against woman for dressing up pet as Lord Krishna

The order underlined the case’s details to be an “exemplary instance of misconstruction of intent and a parochially narrow understanding” of religious philosophy.

“It may come across as a small innocuous incident that was blown out of proportion; however, it also offers us an opportunity to go in-depth into our viewpoint towards the beauty of life and creation through the lens of religion and spirituality – especially in the context of Hinduism,” it added.

The petitioner is a Hindu and cannot be said to have malicious intent to hurt the religious sentiments of her own community. Further, she is a childless woman who treats the pet dog as her own child, the court noted. Her act is merely a usual celebration associated with the occasion of Janmashtami, i.e., dressing up one’s child as Lord Krishna. However, it was misconceived and exaggerated to give a criminal colour, it stated.

Justice Subhas Mehla noted that when it comes to Hindu iconography and mythology, dog finds a special place here as the vehicle of Kal Bhairava, a manifestation of Lord Shiva.

WhatsApp Status

The woman had dressed up her pet dog as Lord Krishna and posted pictures on her WhatsApp Status. The complaint was filed by a man who is a youth leader of Shiv Sena, alleging that the woman hurt the sentiments of the Hindu community by dressing up her dog as Lord Krishna, the court noted.

According to the woman, two-three days before the festival of Janmashtami, she dressed the pet dog in a crown of Shri Krishna and took its photograph on her mobile phone. She further stated that on the occasion of Janmashtami, she put the said photograph of her dog as her WhatsApp status through her mobile phone, and that she did not know that such an act would hurt the religious sentiments of any person.

‘Dog finds a special place’

Interestingly, the order went on to note that in Hindu iconography and mythology, the dog finds a special place as the vehicle of Kal Bhairava, a manifestation of Lord Shiva. Idols of Bhairava on a black dog are worshipped by many sects, especially within Tantric traditions, it said.

“It is stressed here that the dog is a symbol of loyalty, compassion, vigilance, and protection, and therefore a perfect companion to divine power. Lord Dattatreya is also often depicted with four dogs surrounding him. These dogs represent the four Vedas. This might imply very poignantly that sacred knowledge is present even in what society might falsely deem ‘lowly’,” it said.

The present FIR, the court said, was lodged by the complainant to advance his “personal motive of gaining political capital” by bringing up a matter related to religious sentiments, as he identifies himself as a youth leader of a political party.

“Coming to the facts of the present case, and in assessing how the act of the petitioner affects the sensitivities of the society, it is necessary to appreciate that aesthetics and morality govern the common conscience of modern society. It is often seen that the ‘aesthetic’ sense of a group of people has a considerable impact on their sense of morality. For instance, a tiger is seen as a symbol of strength and valour that must be held in high regard in the animal kingdom, whereas a rodent is seen as a tiny, dirty, scared creature that must be eliminated to ensure basic sanitary health. It is not only the difference in the potential harm they cause to humans but also the difference in their appearances that affects our perception towards them,” the court noted.

Hence, individual expression of the petitioner, shaped by her personal experiences, cannot be criminalised merely because it does not align with the sensitivities of others. In the absence of mens rea, criminal proceedings cannot be initiated to validate subjective perceptions of hurt. Constitutional tolerance must override hypersensitivity, which leads innocent acts to be construed as desecration.

God in rivers, trees

The court said that there is a God in rivers, trees, mountains, the sun, the moon, animals, and birds. This practice is derived from animism, which refers to the belief that all things (animals, rocks, rivers) possess a spiritual essence.

The order continued and referred to the Vedic religion, saying that the pantheon of Gods was closely associated with natural phenomena: Indra being the God of Rain and similarly Agni (fire), Varuna (sky/water), Vayu (wind), Prithvi (earth), Surya (sun), and Ushas (dawn). The sacredness of the Cow and the rivers Saraswati and Ganga also proliferated from their pivotal economic and social importance that translated into religious importance beyond the Vedic period.

Justice Mehla further quoted a very famous line from Ramcharitramanas saying, “Jaaki rahi bhaavana jaisi, Prabhu moorat dekhi tin taisi“. He explained that this phrase signifies that a person perceives the divine, based on their own inner feelings, intentions, and mindset, and added that the individual expression of the petitioner, shaped by her personal experiences, cannot be criminalised merely because it does not align with the sensitivities of others.

Human or animal, spirit equal: Order

• In the Egyptian civilization, as well, we come across the integration of spirituality and animal symbols. Egyptians worshipped the Cat as Bastet – the God of home and protection, the Jackal as Anubis – the God of the dead, the Falcon as Horus – the God of the sky. 
• This Anthropomorphization is prominent in Indian mythology, as illustrated by the extreme popularity of Lord Hanuman, Lord Ganesha, Lord Garuda, Lord Nandi, and so on, whose physical appearance stems directly from the animal kingdom. 
• At this juncture, we must also clearly state what we mean by anthropomorphization. It is ‘the act of attributing human characteristics, emotions, intentions, or behaviors to non-human entities like animals, objects, or natural phenomena.’ 
• The petitioner in this case has subjected her pet dog to this phenomenon out of love. 
• In the Shinto religion of Japan, the concept of ‘Kami’ exists. Kami refers to the spirits that inhabit nature. 
• The fox is seen as one such spirit, which is a messenger to God of prosperity, ‘Inari’. 
• This is just like Yakshas and Gandharvas, which are forest spirits who change forms and occupy a prestigious position in Indian myths and folk tales. These point towards divinity residing in nature. 
• The ‘Dashavatar’ of Vishnu is a very well-known and integral part of how the Hindu religion assimilates and popularizes a variety of cults over time. Four of the ten avatars of Lord Vishnu have been inspired by animals: Matsya (fish), Kurma (tortoise), Varaha (boar), and Narasimha (half-lion). 
• It shows how spirit does not discriminate between form, human or animal, according to Hindu philosophy.