Question

Ms Usha wants to file a suit against Bhagyalaxmi Theatre praying for a permanent injunction(stay order) restraining the theatre from running the film named Jai Santoshi Maa. Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

• A. She cannot file a suit because injury to religious feelings is not a legally recognized right.
• B. She cannot file a suit because the theatre has a fundamental right to speech and expression.
• C. She can file a suit as injury to religious feelings has been legally recognized as a right(injuria sine damnum).
• D. It is a case of complete judicial discretion.

Answer 1

The correct option is C She can file a suit as injury to religious feelings has been legally recognized as a right(injuria sine damnum).

Injuria sine damnum means injury of legal rights without damage. It basically states that infringement of an absolute private right without any actual loss or damage. Here, physical damages or actual loss means loss or damage in terms of health, money, etc. Therefore, plaintiff will compensated if his legal rights are violated even though there is no actual damage/loss is suffered.This maxim has been explained in the above mentioned case as Ms Usha's right was violated.