The Supreme Court on Thursday refused to entertain a public interest plea (PIL) seeking action against hate speeches by public figures, alleging that these statements endanger national unity, security and promote divisive ideologies.
Noting that the top court is already seized of a batch of petitions relating to hate speech and hate crimes, a bench comprising Chief Justice Sanjiv Khanna and Justice P.V. Sanjay Kumar told the advocate for PIL petitioner ‘Hindu Sena Samiti’ that it was not inclined to issue notice on the petition.
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“We are not inclined to entertain the present writ petition under Article 32 of the Constitution of India, which in fact refers to alleged references. Further, there is a difference between hate speech and wrong assertions…In case the petitioner has any grievance, they may raise the same in accordance with law,” the Court said in its order.
The PIL petition – the Hindu Sena Samiti. – has sought directions for action by the central government against those making provocative speeches.
In April 2023, the top court had directed the police in all the States and the Union Territories to take suo motu action in cases of hate speech without considering without considering the religion of the offender.
Earlier on March 29, 2023, the Supreme Court had expressed concern over the cracks surfacing in the “sense of fraternity” amongst the people because of unchecked hate mongering. “We are sorry to say that cracks are now coming in the sense of fraternity” the top court said while seeking to put in place a mechanism to curb such instances.
Stressing on the segregation of politics and religion, the top court had said that “the day politicians stop using religion all this will go. Hate speech is a vicious circle, and the State will have to initiate action.”
The court had further said, “We were all handed down a legacy. What is tolerance? Tolerance is not putting up with somebody but accepting the differences….”
