Hyderabad: The Supreme Court’s latest direction on hate speeches is a welcome development at a time when the country is being torn apart by the politics of polarisation. The court has directed all States and Union Territories to register cases against those making hate speeches without waiting for a formal complaint to be filed. The peddlers of hatred are a big threat to the country’s secular fabric. The much-touted slogan of the NDA government “Sabka Saath, Sabka Vikas” will be meaningless if such divisive elements are not reined in. Fostering peaceful coexistence of the diverse sects and sections of society is crucial for India’s image globally as its voice gains credence in diplomatic and geopolitical affairs. The administrative bias against minorities on one hand and the spread of prejudice, through social media platforms, on the other is vitiating the atmosphere. This should not be allowed to continue. The judicial intervention at the highest level will, hopefully, nudge authorities to effectively enforce the law against propagation of hate. In October last year, the apex court had directed Uttar Pradesh, Delhi and Uttarakhand governments to crack down hard on those making hate speeches, calling them shocking for a country that is religion-neutral. The court has now asked the governments to take up suo motu action and register cases even if no complaint is forthcoming and proceed against the offenders under Sections 153A, 153B and 295A and 505 of the IPC.
Going a step further, the SC made it clear that any hesitation to act in accordance with this direction will be viewed as contempt of court and appropriate action will be taken against the errant officers. The court’s direction that contempt action could be initiated against officials for not taking action against hate speech is indeed a welcome move. This rap should prompt the law enforcers to punish the guilty promptly and, thereby, send a strong message of deterrence. Of late, the Hindutva-inspired rhetoric of intolerance has deepened divisions in society. Though there is no dearth of laws and court judgements that mandate registration of FIRs in cases of hate crimes, those who openly incite violence in the name of religion often go scot-free. The 267th Law Commission Report had also suggested making hate speech a criminal offence under the Indian Penal Code (IPC). It is a disturbing trend that the hate peddlers often enjoy political patronage. Apart from violating the basic principles of the Constitution, these utterances amount to mocking the laws of the land. There should be no place for peddlers of hatred in a secular India, a country where every person has an equal right to practise and preach his or her faith freely. All those who have faith in the Constitution must speak out strongly against the attempts to ridicule other religions and create dissensions in society.