Today, On 5th February, Jamiat Ulama-i-Hind told the Supreme Court that Assam CM Himanta Biswa Sarma’s January 27 ‘Miyan voters’ remark amounts to an aggravated form of hate speech, violating constitutional values of equality, fraternity, and secularism, demanding urgent judicial scrutiny.
The Supreme Court was informed that a public speech made by Assam Chief Minister Himanta Biswa Sarma on January 27 constitutes an aggravated form of hate speech, which violates the constitutional principles of equality, fraternity, and secularism.
Senior Advocate MR Shamshad, representing Jamiat Ulama-i-Hind, submitted that Sarma remarked at a public event that four to five lakh Miyan voters would be expunged from the electoral rolls and claimed that “Hemant Biswa Sarma and the BJP are directly against Miyans.”
These submissions are part of a broader hate speech case that has been pending with the Supreme Court since 2021.
The term “Miyan” is categorized in the submission as a derogatory reference to Muslims.
In the context of Sarma’s statements, the submissions argue that hate speech aimed at religious communities and personalities constitutes a significant constitutional violation.
It contends,
“Such speech not only harms the sensibilities and emotions of the followers of those personalities, but also seriously affects public order in the social sphere and also the overall moral compass of the society at large which is highly diverse and religious,”
The petitioners highlighted a concerning trend in public discourse where dominant narratives label segments of the population primarily Muslims with terms such as “jallad,” “ghuspaithiya,” “anti-nationals,” “jihadis,” “mullahs,” “ghaddar,” “atankis,” “sleeper cells,” “stone-pelters,” “mian,” and “katua.”
These expressions do not belong in neutral or academic discussions, and it is essential for courts to scrutinize such language within its public context.
The petitioners have called upon the Court to address what they describe as a “pick and choose policy” regarding the registration of hate speech complaints.
They are seeking directives that would ensure registration of complaints in accordance with the Lalita Kumari ruling, prompt resolutions for complaints, online filing options, and institutional repercussions for non-compliance, including contempt of court and disciplinary measures.
Case Title: Jamiat Ulama-i-Hind v. Union of India
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