Exodus of Kashmiri Pandits example of demographic shift after hate speeches: Delhi HC

“Hate speeches are almost invariably targeted towards a community to impart a psychological impact on their psyche, creating fear in the process, the court said.
Kashmiri Pandits offer prayers at the replica of Kheer Bhawani temple. (File Photo| PTI)
Kashmiri Pandits offer prayers at the replica of Kheer Bhawani temple. (File Photo| PTI)

NEW DELHI: Hate speeches are the beginning point of attacks against a targeted community and there have even been instances of demographic shifts in the aftermath of inflammatory speeches -- the exodus of Kashmiri Pandits from the Kashmir valley being a prime example, the Delhi High Court on Monday said.

Justice Chandra Dhari Singh said that the methodology of hate speeches is not restricted to any religion or community and there are instances of hate speeches in different parts of the country targeted against people of specific communities based upon demography.

The judge asserted that hate speeches are targeted at a community to create a psychological impact on their psyche and the attacks can range from discrimination to ostracism, ghettoization, deportation, and even genocide.

“Hate speeches are almost invariably targeted towards a community to impart a psychological impact on their psyche, creating fear in the process.

Hate speeches are the beginning point of attacks against the targeted community that can range from discrimination to ostracism, ghettoization, deportation, and, even genocide.

The methodology is not restricted to any religion or community in specific,” the court said.

“There have been and there continue to be instances of hate speeches in different parts of the country targeted against people of specific communities, based upon the demographic composition.

There have even been instances of demographic shifts in the aftermath of such Hate/Inflammatory speeches, the exodus of Kashmiri Pandits from the Kashmir valley is a prime example,” the court stated.

The court's observations were made while dismissing a petition by CPI(M) leaders Brinda Karat and KM Tiwari challenging the trial court's refusal to direct the registration of an FIR against Union Minister Anurag Thakur and his BJP colleague and MP Pravesh Verma for their alleged hate speeches concerning anti-CAA protest at Shaheen Bagh here.

The court emphasised in its order that hate speeches incite violence and feelings of resentment against members of specific communities and marginalize such individuals by using expressions that expose their group to hatred.

It asserted that the freedom of speech and expression under Article 19(1)(a) of the Constitution comes with reasonable restrictions which include public order, decency or morality or concerning contempt of court, defamation, or incitement to an offence which includes hate speech.

Article 15 of the Constitution also prohibits discrimination against any citizen on grounds of only religion, race, caste or sex, etc, it added.

It noted that several international accords, such as the Universal Declaration of Human Rights and International Covenant on Civil & Political Rights, also condemn discrimination and hate speech.

Meanwhile, broadband and mobile Internet services were restored in Jammu and Kashmir's Ramban district while prohibitory orders were lifted from Doda, except in Bhaderwah town, on Monday, days after tension ran high in the Union Territory over now-suspended BJP spokesperson Nupur Sharma's controversial remarks over Prophet Mohammad.

Prohibitory orders were also relaxed in the Kishtwar district but curfew remained in force in the Bhaderwah town for the fifth day in a row.

However, students appearing in board exams were given free movement on showing valid identity and admit cards, officials said.

They said the broadband and mobile internet services were restored in the Ramban district late Sunday night after remaining suspended since June 9.

However, the services remained suspended in Doda and Kishtwar districts, as a precautionary measure, officials said.

In Bhaderwah town, police vehicles fitted with a public address system made several announcements since early morning informing people to stay indoors.

"As per the directions of the administration, admit cards were treated as curfew passes to facilitate free movement of students appearing for class 10 and 12 board exams," said Rana Arif, an official of the education department.

Arif, nominated as liaison officer to coordinate meetings between different communities and address students' issues, said almost all students and staff have reached the centres well in time and the examinations were conducted successfully.

An official spokesperson said restrictions under CrPC section 144, which were imposed on Thursday, have been lifted from the whole of the Doda district, except Bhaderwah town.

Deputy Commissioner of Doda Vikas Sharma along with Senior Superintendent of Police Abdul Qayoom reviewed the law-and-order situation across the district.

The deputy commissioner urged the locals to maintain communal harmony, and not to indulge in any activity that can have an adverse effect on the law-and-order situation.

Markets were opened in Doda, Thatri and Gandoh, the spokesperson said, adding the "situation in Bhaderwah was also normal and is continuously being monitored".

Officials said that in Kishtwar town curfew-like restrictions were relaxed for one-and-a-half hours from 6 pm.

"The situation is well under control and there was no untoward incident reported from anywhere," a police official said, adding the relaxation period is likely to be further extended in Kishtwar.

Meanwhile, Aadil Gafoor Ganai who was arrested on Sunday for allegedly delivering an inflammatory speech from Markazi Jamia Masjid Bhaderwah on June 9 was produced before a mobile magistrate who sent him to police remand for five days.

Another accused, a juvenile whose social media post triggered the protests by the Muslim community, had managed an anticipatory bail from a court in Jammu.

Son of a police woman head constable, the 17-year-old evaded detention after being booked by police as raids continued in the town to arrest other accused wanted for their alleged involvement in creating trouble.

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