SC expresses concern over hate speech cases, directs Delhi, UP and Uttarakhand to take suo motu action
The Supreme Court has directed Delhi, Uttar Pradesh and Uttarakhand state governments to take action against hate speeches after a journalist filed a petition against hate speech in the country. The Supreme Court directed the three states to come down hard on hate speech, ordering them to file criminal cases without any delay and take action on this very serious issue.
“The Constitution of India envisages a secular nation and fraternity among citizens assuring the dignity of the individual…The unity and integrity of the nation are one of the guiding principles enshrined in the preamble,” said the court.
A bench, consisting of Justices K M Joseph and Hrishikesh Roy issued notices to the three state governments on the petition filed by journalist Shaheen Abdullah.
“There cannot be fraternity unless the members of the community from different religions are able to live in harmony. The petitioner points out that despite various penal provisions, no action has been taken and there is a need to serve constitutional principles. We feel this court is charged with a duty to protect the fundamental rights and also protect and serve the constitution where the rule of law is maintained,” the bench said.
To preserve the secular fabric of the country, action must be taken against hate speech, irrespective of religion said the bench.
“Respondents will issue directions to their subordinates for appropriate action and such action will be taken irrespective of religion against the person who delivers such hate speech so that the secular character of this country as envisaged in the preamble is maintained,” the bench said.
Abdullah has moved the top court also seeking direction to the Centre and states to initiate an independent, credible, and impartial probe into the incidents of hate crimes and hate speeches across the country.
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Is the action under the directions of the SC restricted to three states only? Does the hate speech only constitutes when comments/remarks are made from one group against another or does it apply when such comments are made within one group to in fact please another group. CAN THE THEORY THAT GITA HAD PREACHED JEHAD BE TREATED AS HATE SPEECH, WHEN IT HEART THE SENTIMENTS OF ONE GROUP WHILE IT PLEASES ANOTHER AND CAN THE SC PRESRIBED ACTION NOT BE TAKEN AGAINST THE PERSON MAKING SUCH A COMMENT?