NEW DELHI: The Supreme Court on Friday directed police and state governments to initiate suo motu action against those accused of making hate speeches without waiting for a formal complaint and expressed concern over people spreading hatred and targeting communities in the name of religion.
Sending a stern message to law enforcement authorities that they would not be spared for failing to discharge their duty in such cases, a bench of Justices KM Joseph and Hrishikesh Roy said they will have to face contempt of court in case of inaction on their part to book the accused. It said action must be be taken irrespective of the religion of the maker of the hate speech.
“This is 21st century. Article 51A says we should develop a scientific temper. But what we have reduced to in the name of religion? It is tragic,” the bench said.
Taking a serious view of the allegation that, people including lawmakers, are making hate speeches with impunity and in the presence of police, the bench passed an ex parte interim order after hearing the petitioners who placed before the bench transcripts of hate speeches made in Uttar Pradesh, Delhi and Uttarakhand, including that of BJP MP Parvesh Verma on October 9 in the national capital. The bench asked the state governments to file response on the action taken by them against those who made provocative speeches, allegedly targeting the Muslim community.
Initiating the argument, senior advocate Kapil Sibal told the bench that no action seems to be forthcoming against the speakers or the parties that organise such events where genocidal and hateful speeches are delivered. He said that in most cases, minimal action of merely registering FIRs is done. He said nothing is being done by police or the court, which is emboldening people to make such statements. Appealing the court to take cognisance of the problem, Sibal said, “Silence is certainly not the answer. Not on our part, not on the court’s part.”
Going through the transcript of some of the speeches including one made by Verma, the bench said the statements are indeed disturbing especially for a country that’s a democracy and religion-neutral and asked whether such statements are also made by people belonging to other communities. It said the complaint raised in the petition appears to be very serious and it relates to the growing climate of hate in the country.
“The Constitution of India envisages ‘Bharat’ as a secular nation and fraternity assuring the dignity of the individual and unity and the integrity of the country is the guiding principle enshrined in the Preamble. There cannot be fraternity unless members of community drawn from different religions or castes are able to live in harmony. The petitioners points out that there are appropriate provisions such as Sections 153A (promoting enmity between different groups), 153B (assertions prejudicial to national integration), 505 (statements conducive to public mischief), and 295A (insulting its religion or religious beliefs) of the Indian Penal Code … We feel that this court is charged with the duty to protect the fundamental rights and also preserve the constitutional values and the secular democratic character of the nation and in particular, the rule of law,” the bench said in its order.
The bench directed that they will ensure that “immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC, suo motu action will be taken to register cases.
“We make it clear that any hesitation to act in accordance with this direction will be viewed as contempt of this court and appropriate action will be taken against the erring officers,” the bench said.