Take action against hate speech or face contempt: Supreme Court tells 3 states

Supreme Court

Photo courtesy: barandbench.com

New Delhi: Holding that the Constitution of India envisages a secular nation, the Supreme Court directed Friday the states of Delhi, Uttar Pradesh and Uttarakhand governments come down hard on hate speeches. The Supreme Court asked the three to promptly register criminal cases against the culprits without waiting for a complaint to be filed.

The apex court warned any delay on the part of the administration in taking action on this ‘very serious issue’ will invite the SC’s contempt.

“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 is one of the guiding principles enshrined in the preamble,” a Supreme Court bench of Justices KM Joseph and Hrishikesh Roy said.

“There cannot be fraternity unless the members of the community from different religions are able to live in harmony. The petitioner points out 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 Supreme Court bench said.

The bench also issued notices to Delhi, Uttar Pradesh and Uttarakhand governments on the petition filed by journalist Shaheen Abdullah.

The court said action must be taken against those making hate speeches irrespective of their religion to preserve the secular fabric of the nation.

“Respondents 2-4 (the three states) will file a response as to what action has been taken for the speeches highlighted. They shall ensure that as and when any (hate) speech or action takes place without any complaint being filed, suo motu action is taken in such cases in future without waiting for complaints,” the apex court bench directed.

“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,” it added.

Abdullah has moved the Supreme Court also seeking direction to the Centre and states to initiate independent, credible and impartial probe into the incidents of hate crimes and hate speeches across India.

 

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