Hate speech: The Supreme Court on Monday noted that there is no room for hate crimes based on religion in a secular country such as India. The court observed that there is a growing consensus around hate speech. It said hate speech should not be compromised in any way and that it is the primary duty of the State to protect its citizens from any hate crimes.
“There cannot be any compromise on hate speech at all,” the top court said and added that it is the primary duty of the State to protect its citizens from any such hate crimes.
A bench of justices KM Joseph and BV Nagarathna said, “When action is not taken against hate crimes then an atmosphere is fostered which is very dangerous and it has to be rooted out from our lives. There cannot be any compromise on hate speech at all.”
Man assaulted by ‘screwdriver’gang in 2021
The court made these remarks while hearing a plea of a Muslim man who alleged that he was beaten up and abused in the name of religion on July 4, 2021, by a “screwdriver gang” of criminals as he was boarding a car to go to Aligarh from Noida. He said in the plea that the police did not bother to register any complaint of hate crime.
The bench told Additional Solicitor General (ASG) KM Nataraj, appearing for the Uttar Pradesh government, that, “Nowadays there is a growing consensus around hate speech. There is no scope for hate crimes in the name of religion in a secular country like India. It has to be rooted out and it is the primary duty of the state to protect its citizens from any such crimes.”
“If a person comes to the police and says that I was wearing a cap and my beard was pulled and abused in the name of religion and still no complaint is registered, then it is a problem,” it said.
Every state officer should act to adhere to the law
Justice Joseph said every state officer should act to adhere to the law. Otherwise, everyone will take the law into their own hands, he said.
The bench sat till 6 pm to hear the matter. It said”Will you not acknowledge that there is a hate crime and you will sweep it under the carpet? We are not saying anything adverse. We are only expressing our anguish. That is all.”
Senior advocate Huzefa Ahmadi, who appeared for the petitioner Kazeem Ahmad Sherwani, said it was on January 13 that this court had asked the state government to produce the case diary that police had registered the FIR after two years and that too with all bailable offences barring one.
KM Nataraj conceded that there were lapses on part of police officials and said that a special investigation team has been constituted headed by an ACP-rank officer and disciplinary action has been taken against erring police officials.
‘Nothing wrong in admitting a mistake’
The bench said, “You set an example and let such people face consequences for dereliction of duty. It is only when you take action against such incidents that we will come at par with developed nations. Yes, there has been clear lapse and there is nothing wrong in admitting a mistake”.
The court has asked the Uttar Pradesh government to file a detailed affidavit and posted the matter for further hearing on March 3.
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