Sat 19 August 2023:
New Delhi: The Supreme Court has made it clear that hate speeches against any religion need to be “treated alike” and “dealt with as per law”, independent of the offender’s faith, Hindustan Times reported.
Hearing a batch of petitions on Friday, August 18, a division of Justice Sanjiv Khanna and Justice S.V.N. Bhatti hoped that all state and Union territory governments are following the guidelines laid down by the top court in its 2018 judgment in the Tehseen Poonawala case to deal with hate speeches. The top court issued an extensive set of guidelines and preventive steps to be taken by states to prevent instances of mob lynching and hate speeches in the particular 2018 verdict.
“We are very clear. Whether it be one side or the other side, they have to be treated alike. If anyone indulges in anything which we know as ‘hate speech’, they will be dealt with as per the law. Something we have already expressed our opinion on. This does not need to be repeated,” Justice Khanna said on behalf of the bench, according to Livelaw.
One of the petitioners submitted to the court that during a rally held in Kerala by the young wing of the Indian Union of Muslim League (IUML) in July, a slogan was raised that said “death to the Hindus”. To this, the court said hate speech by anyone, irrespective of their religion, will not be tolerated.
In relation to the particular incident which the petitioner referred to, the Kerala Police booked over 300 people, including members from the youth wing of the IUML, for allegedly raising provocative slogans against Hindus. IUML is a constituent member of the Congress-led United Democratic Front, which is in opposition in the state.
The court was hearing petitions on hate speech afresh on Friday after one Shaheen Abdullah moved the top court alleging instances of hate speeches made against Muslims during the recent Nuh violence in Haryana. The petitioner alleged that some of the Hindu groups issued open calls to boycott Muslims, telling shopkeepers not to employ Muslims in their stores.
The division bench allowed a week’s time to the Centre and Haryana government to come back with a response detailing whether or not instructions were given to authorities concerned regarding the formation of a committee to examine the material and verify if criminal cases were filed. As per the 2018 judgment, the top court instructed state governments to form a committee and designate a nodal officer to register hate crimes and pursue investigations into such cases.
Based on its 2018 judgment, the court has been trying to institute a mechanism with law enforcement officials at the local level to pursue matters of hate speech and to make sure that the top court of the country does not become the first forum for an aggrieved party to approach for registration of FIRs.
Adding to its 2018 verdict on hate speeches, the apex court, in October 2022, ordered police to immediately register cases against hate speech makers and offenders who committed acts of communal violence without waiting for a formal complaint to be filed.
The court listed the matter for the next hearing on August 25.
-The Wire
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