Hate speech is different from inflammatory statements, says Supreme Court | India News – Times of India

NEW DELHI: After issuing pan-India directions to the police to take suo motu action against those giving hate speeches and damaging the social fabric, the Supreme Court on Thursday refused to entertain a petition seeking similar action to to halt the trend of inflammatory speeches openly encouraging anarchy and separatism.
A PILL by ‘Hindu Sena Samiti‘ for a bench CJI Sanjiv Khanna and Justice Sanjay Kumar had sought SC’s urgent intervention to prevent what it termed the growing menace political leadersespecially those in the opposition, who allegedly make provocative public speeches and give media interviews “that are harmful to national integrity and openly expanding threats to the security of the state.”
“Members of various political parties, prominent opposition leaders, spokespersons and members of organizations have made public statements in favor of creating conditions for secession similar to those of Sri Lanka and Bangladesh, calling for resorting to subversive activities and armed rebellion,” the PIL said. .
SC, however, said that “there is a striking difference between hate speech and false or false claims or false assertions made by people.”
If we accept this petition, it will open the floodgates: SC
The CJI Khanna-led bench said, “SC had taken pleas to curb hate speech as it was harmful social harmony. Guidelines have been issued and contempt orders have been issued by the court for violation of the guidelines. What you want is very broad. You’ve gone everywhere. If we take up this petition, there will be a flood of such petitions and it will become impossible to address the issue.”
The bench rejected the PIL saying it could not deal with it. “In case the petitioner has a specific grievance, he may approach the appropriate forum,” it added. SC had in April 2023 given pan-India influence on October 2022 order directing Delhi, UP, Maharashtra and Uttarakhand police suo motu action against those who make hate speeches, regardless of which religious community they belong to.
The court had warned that any hesitation on the part of the state police to act against hate speech will be seen as contempt of SC and appropriate action will be taken against erring officers.
“Hate speech is a grave offense that erodes the very fabric of the nation and goes to the very core of our republic and concerns the dignity of people. What we have in mind is a greater public good and we try to ensure its realization rule of law so that the cases do not go out of our hands,” an SC bench of Justices KM Joseph and BV Nagarathna had said in April last year.