hate speech: States must take actions beyond filing FIRs to curb hate speech, says SC

New Delhi: Observing that “hate is a vicious cycle”, the Supreme Court on Wednesday said state governments should take “further action” beyond registering FIRs in instances of hate speech. A bench of Justices K M Joseph and BV Nagarathna expressed deep concern over rising cases of hate speech in the country during the resumed hearing of a plea regarding hate speeches being made in Maharashtra by Hindu right wing leaders.

The bench allowed an application filed by Hindu Samaj citing incidents where hate speeches were made against Hindus, observing that a rising number of people from different sides of social and political spectrum are making hate speeches. It asked the Maharashtra government to reply to a contempt plea for allegedly failing to control hate speeches by right wing organisations despite orders of the apex court.

The petition was filed by Kerala-based Shaheen Abdullah based on a news report that said at least 50 rallies were held in Maharashtra in the last four months where hate speeches were allegedly made. Expressing anguish at the inaction of state authorities in cases of hate speeches, Justice Joseph verbally remarked, “State is impotent; it does not act in time. Why do we have the state at all when it is keeping silent?”

Advocate Nizam Pasha, counsel for the petitioners, argued, “Holocaust did not start with the gas chambers. It started with hate speech.” The state has the power to take preventive action but “the question is, what are the states doing?” he said. Counsel for the Centre said the state is bound to register an FIR in such instances. To this Justice Joseph said, “Not only FIR…you have to take further action.”

Justice Nagarathna said there are “cracks in the idea of fraternity”, observing that fringe elements from all sides are making hate speeches. “Are we going to take every person in contempt? Is there no restraint in speech? Why can’t the citizens take a pledge that they would not vilify anybody else?” she said.

Solicitor general Tushar Mehta said the petitioner was ‘selective’ and pointed out instances of hate speech from Tamil Nadu and Kerala. Referring to a video clip from a march organised by Popular Front of India (PFI) in Kerala wherein a young boy was heard chanting slogans against Hindus and Christians, Mehta said the court should also issue notice to Kerala government over the said incident. Pasha urged the court to issue directions to Maharashtra government to file a status report. The petitions will now come up for resumed hearing on April 28. During the hearing, Justice Joseph underscored the need to maintain “brotherhood”. “What is tolerance? Tolerance is not putting up with somebody but accepting the differences… If you want to become a superpower there must be a rule of law,” he observed.

“Some statements are made like ‘Go to Pakistan’,” Justice Joseph told the counsel of Hindu Samaj. “They are who had actually chosen this country. They are your brothers and sisters.” Justice Nagarathna observed, “We had orators like Nehru (and) Vajpayee. People from rural areas used to come to listen to them. Now, people who have no stuff are making these speeches. Where are we going?”