Supreme Court’s Resolute Stance on Hate Speech: An In-depth Analysis
The Supreme Court of India, in a recent pronouncement, has unequivocally stated its position on the contentious issue of hate speech.
Thank you for reading this post, don't forget to subscribe!“Hate speech, whether be it from one side or the other, will be treated alike and dealt with under the law,”
the apex court declared on Friday.
This statement emerged from the bench consisting of Justices Sanjiv Khanna and SVN Bhatti, who were presiding over a series of petitions advocating action against hate speeches. One such plea was lodged in the aftermath of calls by various groups for the social and economic boycott of Muslims, following the Nuh-Gurugram communal violence in Haryana. However, the hearing was postponed to August 25 due to the bench’s prior commitment to address pleas challenging the Bihar government’s decision to conduct a caste-centric survey.
Justice Khanna, at the outset of the hearing, remarked,
“We have that Bihar matter. We cannot hear both that matter and this today. We will take this up on Friday.”
He further added,
“I also went through the Tehseen Poonawalla guidelines. I hope they are being complied with.”
A significant moment in the proceedings was when a counsel highlighted an incident from a rally organized by the youth wing of the Indian Union Muslim League in Kerala. The rally, as reported, featured the provocative slogan, “death to Hindus.” Responding to this, Justice Khanna firmly stated,
“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.”
Advocate Nizam Pasha weighed in, asserting, “We would also hope that there are no sides to hate.
” This statement led to a brief yet intense exchange between the counsel and Pasha. The counsel retorted, “No, no there are sides.” Pasha responded, “I am hoping that there are no sides, and that all of us are on the same side, assisting this court.”
In its proactive approach to combat hate speech, the Supreme Court has suggested the establishment of a committee by the Director General of Police of each state. This committee’s mandate would be to scrutinize the content and veracity of hate speech complaints and offer appropriate directions to the concerned authorities.
Furthermore, the court has permitted aggrieved petitioners to approach the nodal police officers, in line with the 2018 Tehseen Poonawalla judgment, which laid down guidelines to prevent mob lynching.
In the wake of the Nuh communal unrest, groups such as the Vishwa Hindu Parishad and Bajrang Dal announced protest marches throughout the national capital region. Addressing this, the Supreme Court, while not halting these rallies, emphasized,
“We hope and trust that the State Governments, including the police authorities, will ensure that there are no hate speeches against any community and there is no violence or damage to properties.”
Shaheen Abdulla, the petitioner, approached the Supreme Court with a plea following the communal clashes in Nuh and Gurugram. The plea underscored that, despite the court’s directives, over 27 rallies were organized across various states, wherein incendiary speeches were openly delivered, advocating for the boycott and even harm to Muslims. The plea poignantly stated,
“…Such rallies that demonize communities and openly call for violence and killing of people are not limited in terms of their impact to just those areas that are presently dealing with communal tensions but will inevitably lead to communal disharmony and violence of an unfathomable scale across the country.”
In related developments, leaders from the Communist Party of India (Marxist) expressed concerns about demonstrations held by the Vishwa Hindu Parishad and its youth wing, the Bajrang Dal, in Delhi. The Delhi High Court Women Lawyers Forum also penned a letter petition to Chief Justice DY Chandrachud concerning videos of hate speeches circulating on social media.
The Supreme Court’s unwavering stance on hate speech is a testament to its commitment to preserving communal harmony in the nation, ensuring that the law is applied uniformly to all, irrespective of their identity or affiliations.