The Supreme Court today dismissed a petition under Article 32 of the Constitution of India, challenging the Darwinian Theory of Evolution and Einstein’s equation of e=mc2 stating that they are wrong and misleading. It was alleged before the Court that Darwinian’s theory suggesting that humans have evolved from monkeys is utterly wrong, resulting in over 20 million deaths.

It is to be noted that Charles Darwin in his book "On the Origin of Species" published in 1859 describes how organisms evolve over generations while inheriting physical and behavioral traits. Albert Einstein’s theory of special relativity says that mass and energy are the same physical entity and are interchangeable.

A bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia thus observed, “The petitioner wants to prove that the Darwinian Theory of Evolution and Einstein’s equation of e-mc2 is wrong and wants a platform for that said purpose. If that is his belief, he can propagate his own belief. But certainly, this cannot be a writ petition under Article 32 of the Constitution of India which has to deal with the issues of fundamental rights. Dismissed”.

The petitioner in the matter, Raj Kumar appeared before the Court in person.

The petitioner at the outset submitted, “What I have studied during my school time and college time, today I say that whatever I studied was wrong”.

However, Justice Kaul remarked, “If whatever you studied was wrong then you improve your theory on Newton and others…what is the Supreme Court supposed to do?”.

“You say by your education you studied something in school…you were a Science student in school, now you say those theories are wrong. So, if you believe those theories are wrong, Supreme Court has nothing to do with it, where is the violation of your fundamental right under Article 32”, asked Justice Kaul.

To that, the petitioner appearing in person asked the bench as to which authority he should approach.

“Wherever, we don’t have an advisory jurisdiction to tell you where you should go…the Supreme Court will not say you prove Newton is wrong, Einstein is wrong…It is a 32 petition”, said Justice Kaul. Pursuant to which, the Court enquired about the Counsel who filed the petition on his behalf.

The petitioner then again asked, “Where should I go? Everybody has studied, whole world studies…”.

“You do your own theory, propound it, no difficulty. You feel that two theories that have existed for a long time are wrong. Newton is wrong, Einstein is wrong, everybody is wrong. Because you studied them in school and over a period you have come to know that they’re wrong”, said Justice Kaul

However, the petitioner submitted that he realised that they were wrong only now.

“Propagate your theory, maybe the world will recognise that your theory is better…”, remarked Justice Kaul.

The petitioner further contended that 20 million people have died because of the wrong Darwinian theory. “…Still we believe that we have evolved from Monkey…”, he further said.

While the petitioner intended to argue further, Justice Kaul said that these were not adjudicatory rights, there could be people who would defer on different theories, but the Courts cannot provide a platform to prove the same. Accordingly, the bench dismissed the petition.

Cause Title: Raj Kumar v. Union of India