The Supreme Court on Friday said it is “tragic what we have reduced religion to” in the 21st century and a “climate of hate prevails in the country”, while directing the police and authorities to immediately and suo motu register cases against hate speech makers without waiting for a complaint to be filed.
Justices K.M. Joseph and Hrishikesh Roy ordered that any “hesitation” to comply with the direction would attract the proceedings for contempt of the Supreme Court against the erring officers. The court directed that first information reports (FIRs) should be registered and criminal proceedings initiated against the makers of hate speech “irrespective of their religion so that the secular character of the country is preserved”. The interim directions were primarily for the benefit of the police of Delhi, Uttar Pradesh and Uttarakhand. The court issued notices to the three States and asked their police chiefs to submit reports on action taken on hate speech cases. “We are deeply, deeply obliged,” senior advocate Kapil Sibal, appearing for petitioner Shaheen Abdulla, reacted to the order. “We are doing far too little,” Justice Joseph replied. The Bench heard the case beyond court hours and ensured that the order was ready and read out loudly in open court.
The petitioner, also represented by advocate Nizam Pasha, had highlighted the rising incidents of hate speeches targeting the Muslim community. The petitioner said the “total inaction” on the part of the police in the three States had given rise to “despondency and angst” within the Muslim community. The petitioner alleged that events organised in Delhi and Haridwar in 2021 hosted hate speeches by leaders who made open calls for the genocide of Muslims. The order even highlighted some of the specific provisions of the penal law under which hate speech offenders ought to be booked. These include Sections 153A (promoting enmity between different groups on the ground of religion), 153B (imputations, assertions prejudicial to national integration), 505 (public mischief), 295A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code. “Where have we reached? What have we reduced religion to? It is tragic… and we speak of scientific temper…” Justice Joseph said after reading out instances of hate speeches and what was said by the speakers. “Very shocking statements have been made in a country that has to be religion-neutral,” Justice Roy noted. In an editorial, The Hindu had said that governments must reorient themselves to the rule of law and that the secular fabric of the country must be preserved at all costs. The Supreme Court’s directives become important as minorities face the consequences of rising hate sentiments against them.
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Published - October 22, 2022 11:30 am IST
