Recently Supreme court express its anguish over hate speeches while calling this very disturbing and wondering “what have we reduced religion to”. Here, the supreme court has addressed the growing issue of hate speech within the country while addressing the writ petition. Authorities were forewarned that “necessary action shall be taken against the erring officers” if they “hesitate to act in compliance with this directive.”
The police chiefs of Delhi, Uttar Pradesh, and Uttarakhand were ordered by the Supreme Court in interim directives issued on Friday to take “prompt” suo-moto action against the offenders by filing criminal cases without first awaiting written complaints.
While addressing the issue supreme court asked What place have we arrived? What has religion been reduced to? Justice K.M. Joseph, sitting at the head of a bench that also comprised Justice Hrishikesh Roy, said, “It is terrible, and we speak about the scientific attitude in the twenty-first century.
CLIMATE OF HATE SPEECH IN THE COUNTRY?
India is witnessing a growing climate of hate speech within the country. The idea of secular India is getting deemed day by day when hate speech has been prevailing in every nook and corner of the country.
The term “hate speech” describes objectionable statements that may endanger societal harmony and targets a group or an individual based on inborn qualities (such as race, religion, or gender). Under international human rights law, hate speech is not universally defined. The idea is still hotly debated, particularly with regard to equality, non-discrimination, and freedom of speech.
Meanwhile, addressing the issue of hate speech, the bench said “the complaint which has been raised in the instant writ petition appears to be very serious. It relates to the growing climate of hate in the country”.
Shaheen Abdullah, a resident of Kozhikode, Kerala, filed a petition in which she cited comments made at a Virat Hindu Sabha hosted by the Delhi chapter of the VHP and other Hindu organizations on October 10 in the Capital, as well as other comparable petitions calling for action after comments made against Muslims at some Dharam Sansad events. The petition was answered by the bench of Justices K M Joseph and Hrishikesh Roy.
SECURING A SECULAR CHARACTER OF BHARAT
To preserve and protect the secular character of Bharat as envisioned by the Preamble, the bench declared that “such action will be taken regardless of the faith that the originator of the speech or the person who does such act belongs to.” Furthermore, it requested that the respondents “give direction(s) to their subordinates so that proper legal action will be taken as soon as possible.”
The petitioner claims that this is caused by a constant stream of what he calls hate remarks made by different people against the Muslim community. The petitioner’s complaint stems from his or her opinion that, despite the existence of appropriate provisions in the penal code, nothing is being done, or rather done completely nothing.
The Preamble of the Indian Constitution states that Bharat is to be a secular nation, with fraternity guaranteeing each person’s dignity and unity and integrity of the nation as its guiding principles. The fraternity cannot exist until members of the society from various castes or religions in the nation can coexist peacefully.
It stated that “the matter needs examination, and some form of interim directions,” adding that “we feel the court is charged with the duty to protect fundamental rights and also protect and preserve the constitutional values, in particular the rule of law and the secular democratic character of the nation.”
WHAT MEASURES WILL BE TAKEN?
The bench wanted to know what had been done in response to recent hate speeches made in Delhi, Uttar Pradesh, and Uttarakhand, including one in which BJP leader Parvesh Verma called for a “complete boycott” without mentioning any particular group of people.
The Delhi Police Commissioner and the directors general of the police in Uttarakhand and Uttar Pradesh were the respondents 2 to 4, and the bench stated in its order that they “will file a report as to what action has been taken with regard to such acts that are the subject of this writ petition within their jurisdiction.”
The bench ruled that they “shall ensure that suo-motu action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders following the law as soon as any speech or any action takes place that attracts offenses such as Sections 153A, 153B, 295A, and 505 of the IPC, etc.”
Promoting hostility between various groups based on religion, race, place of birth, residence, language, etc., and acting in a way that undermines the maintenance of peace are both covered by Section 153A of the IPC; Imputations and assertions that are harmful to national integration are discussed in Section 153B; intentional and malicious acts that are meant to offend someone’s religious sensibilities by disparaging their religion or religious beliefs are discussed in Section 295A, and statements that are supportive of national integration are discussed in Section 505.
NO ONE WILL BE SPARED FROM SPEAKING HATE SPEECH DECLARES SUPREME COURT.
Senior Advocate Kapil Sibal, who appeared on behalf of the petitioners, mentioned the incident from October 10. He referred to the speeches at the occasion, stating that Verma had discussed “boycott,” while another speaker had discussed throat-slitting. How can we help? Silence is not a response. Not on our side, and not on the court’s part,” Sibal argued, pleading with the court to ask a Special Investigation Team to look into the matter.
If Muslims were also spewing hate speech, Justice Joseph questioned. Sibal retorted that no one should be spared for speaking hate speech. The bench continued by noting that speakers on both sides were making similar arguments.
Given that the nation is religiously neutral, Justice Roy called the sentiments cited in the petition “extremely troubling” and “condemnable.” The court cannot be viewed as biased, he added, asking why only remarks disparaging one minority are highlighted.
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