The Supreme Court of India recently called out state governments for their failure to take action against hate speech in the country. During a hearing on a plea seeking contempt of court action against Maharashtra’s police and administration for failing to take action against several instances of hate speeches and calls for violence against minorities during public speeches, including speeches by sitting MLAs, the court criticized the state government for being impotent and not doing anything. The petitioner, an activist from Kerala, had pointed out speeches made by a sitting Maharashtra MLA and others during a series of processions and public meetings, but no action had been taken so far against those involved.
The bench remarked that hate speeches keep happening because politicians keep playing games and using religion in politics. Justice KM Joseph stated, “Don’t use religion in politics. The moment politics and religion are separated it will end.” Justice BV Nagarathna also expressed her concerns about hate speeches and the difference between the right to hold a procession and what is said or done during the procession, and stated that citizens of the country need to take a pledge not to vilify others.
The case before the court involved a plea seeking contempt of court action against Maharashtra’s police and administration for failing to take action against several instances of hate speeches and calls for violence against minorities during public speeches, including speeches by sitting MLAs. The contempt petitioner, an activist from Kerala, pointed out speeches made by a sitting Maharashtra MLA as well as others during a series of processions and public meetings. The plea also highlighted that no action has been taken so far against those involved.
During the hearing, the Solicitor General of India, Tushar Mehta, and Additional Solicitor General, SV Raju, questioned the credibility of the petitioner. Mehta argued that the petitions are selective and that the petitioner should incorporate other examples of hate speeches, including those by Muslim leaders from Kerala, in his plea.
However, Justice Nagarathna asked, “Why can’t the citizens of this country take a pledge not to vilify others? What benefit do you get by vilifying others?” Justice Joseph also expressed his concerns and stated that “the most important thing for a man is dignity. If your dignity is being demolished on a regular basis by things that are said… Someone says ‘Go to Pakistan’… These are people who chose to stay here. They are our brothers and sisters…”
The Supreme Court also asked the Maharashtra government to respond to the contempt plea, and the court will hear the matter on April 28.
The court’s order was clear that if anyone made such speeches, the law should come down on them like a ton of bricks. This incident highlights the ongoing problem of hate speech in India, and the failure of the state governments to take action against it. Hate speech has the potential to cause harm, fuel communal tension, and incite violence. It is essential that the authorities take swift action against hate speech to prevent its escalation and to protect the dignity and safety of all citizens.
It is also crucial for citizens to take responsibility for their actions and to refrain from spreading hate speech or engaging in communalism. The Supreme Court’s remarks serve as a reminder that India is a multicultural country with a legacy of tolerance and that hate speech has no place in a democratic and inclusive society.
by- Ankit Singh, 4th Year B.A.LL.B, CAIL Bengaluru
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