hate speech SC judgement – SC warns the Delhi, Uttarakhand, UP.
Hate speech SC judgement 2022
The Supreme court of India had directed the authorities to take suo-motu cognizance of the matter and book the perpetrators, irrespective of their religion, under relevant provisions of the Indian Penal Code 1860 (IPC).
The Supreme Court on Friday (21st October 2022) issued by Calling for the safeguarding of India’s secular nature, strict directives to the governments of Uttarakhand, the National Capital Territory (NCT) of Delhi and Uttar Pradesh to rein in on hate speeches and take (SUO MOTU) action against them, warning that failure to act will be seen as contempt of court, reported Live Law.
The division bench of Justices K.M Joseph and Hrishikesh Roy further asked the respective governments to submit a report detailing measures taken by them against hate speeches that have been delivered within their jurisdiction.
The SCI instructed or ordered the authorities to take suo motu cognizance of the matter and book the perpetrators, irrespective of their religion, under relevant provisions of the Indian Penal Code 1860 (IPC) including Section 153A, 153B, 295A and 506. Failure to doing so make liable action against the errant government officials, the court said.
Arguing before the court, petitioner S Abdullah’s legal counsel Kapil Sibbal, citing BJP MP Parvesh Verma’s recent speech calling for economic boycott of a minority community in Delhi, said that neither the court nor the administration takes any serious action, and only asks for status reports.
The bench further asked if individuals from the Muslim community are also engaging in hate speeches to which, Sibal said that everyone guilty of making hate speeches should be held accountable, reported Live Law. The bench further called the claims made in the petition as “very disturbing”.
The court further observed that even after expressing repeated concerns, cases have multiplied while the authorities take no action.