Express News Service
NEW DELHI: India’s top court on Friday directed all states and union territories to take suo motu action against hate speech irrespective of registration of a complaint and without discrimination on grounds of religion.
A bench of Justices KM Joseph and BV Nagarathna termed hate speeches a “serious offence capable of affecting the secular fabric of the country.”
The bench extended to all states its order dated October 21, 2022, by which it had directed police chiefs of Delhi, Uttarakhand, and Uttar Pradesh to take suo motu action against hate speeches made by people from any religion without waiting for a formal complaint to all states/UTs.
The court while dealing with pleas seeking to regulate hate speech also warned officers that hesitation to act would be viewed as contempt of court.
“We are very clear, our order was irrespective of religion. We only had public good in mind when we passed the order for suo motu action against hate speech. We are only on the rule of law… Preventive measures have not been adequately explored against hate speech,” Justice Joseph said.
Action must be taken “irrespective of the religion that the maker of the speech or the person who commit such act belongs to, so that the secular character of Bharat as is envisaged by the Preamble, is preserved and protected,” the bench’s order read.
When Solicitor General Tushar Mehta, appearing for the Centre, said the SC cannot go on entertaining intervention applications and substitute the powers of the magistrate, the bench said it was doing so against hate speech in the larger public good and to ensure the establishment of the rule of law.
“We have laid down a broad framework and now it is up to the authorities to act upon it. We cannot monitor each and every incident,” Justice Nagarathna agreed.
On Friday, the bench said, “The judges are apolitical and not concerned with Party A or Party B and the only thing they have in mind is the Constitution of India”.
It said the court has been entertaining petitions against hate speeches in different parts of the country for the “larger public good” and to ensure the establishment of the “rule of law.”
The top court’s order came on a plea filed by journalist Shaheen Abdullah, who had initially sought direction against Delhi, Uttar Pradesh and Uttarakhand to register cases against those delivering hate speeches. Abdullah had again moved an application seeking implementation of the apex court’s October 21, 2022 order across states and union territories.
NEW DELHI: India’s top court on Friday directed all states and union territories to take suo motu action against hate speech irrespective of registration of a complaint and without discrimination on grounds of religion.
A bench of Justices KM Joseph and BV Nagarathna termed hate speeches a “serious offence capable of affecting the secular fabric of the country.”
The bench extended to all states its order dated October 21, 2022, by which it had directed police chiefs of Delhi, Uttarakhand, and Uttar Pradesh to take suo motu action against hate speeches made by people from any religion without waiting for a formal complaint to all states/UTs.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
The court while dealing with pleas seeking to regulate hate speech also warned officers that hesitation to act would be viewed as contempt of court.
“We are very clear, our order was irrespective of religion. We only had public good in mind when we passed the order for suo motu action against hate speech. We are only on the rule of law… Preventive measures have not been adequately explored against hate speech,” Justice Joseph said.
Action must be taken “irrespective of the religion that the maker of the speech or the person who commit such act belongs to, so that the secular character of Bharat as is envisaged by the Preamble, is preserved and protected,” the bench’s order read.
When Solicitor General Tushar Mehta, appearing for the Centre, said the SC cannot go on entertaining intervention applications and substitute the powers of the magistrate, the bench said it was doing so against hate speech in the larger public good and to ensure the establishment of the rule of law.
“We have laid down a broad framework and now it is up to the authorities to act upon it. We cannot monitor each and every incident,” Justice Nagarathna agreed.
On Friday, the bench said, “The judges are apolitical and not concerned with Party A or Party B and the only thing they have in mind is the Constitution of India”.
It said the court has been entertaining petitions against hate speeches in different parts of the country for the “larger public good” and to ensure the establishment of the “rule of law.”
The top court’s order came on a plea filed by journalist Shaheen Abdullah, who had initially sought direction against Delhi, Uttar Pradesh and Uttarakhand to register cases against those delivering hate speeches. Abdullah had again moved an application seeking implementation of the apex court’s October 21, 2022 order across states and union territories.
