NEW DELHI: The Supreme Court on Friday expressed concern over the rise in incidents of hate speeches in the country and remarked, "This court should come down very heavily. This is the 21st century. Where have we reached in the name of religion? It's tragic."
The court was dealing with a petition filed by Shaheen Abdullah seeking action under penal statutes and the UAPA (Unlawful Activities Prevention Act) against those involved in provocative speeches targetting the Muslim community as well as against organisations providing platforms to such speakers.
After the murder of a 25-year-old man in Delhi, a rally reportedly organised by the Vishva Hindu Parishad (VHP), turned into an epicenter of hate speech with one of the speakers Jagat Guru Yogeshwar Acharya calling upon the people to behead and cut the hands of those who attack them.
Another speaker, Mahant Nawal Kishore Das, according to a report, asked people to get guns -- with or without licences.
Justice Hrishikesh Roy said, "The statements (made at the rally on October 9) are very disturbing for a country which professes democracy and is religion-neutral", as the court sought a report on action taken from the Delhi police.
The petition filed by Abdullah had requested for an independent probe into the incidents of hate speech and hate crimes against the Muslim community.
"Action seems to be forthcoming against the speakers or the parties that organize such events where genocidal and hateful speeches are delivered. In most cases, minimal action of merely registering FIRs and that too under lesser offences, is the only thing that is done by the authorities which seems to be more of a formality than any genuine initiation of the criminal machinery. The Government also refrains from publicly condemning the growing incidents of verbal and physical assault against Muslims across the country, despite being the guardian of all the citizens of this country," the petition stated.
The Supreme Court bench of Justices KM Joseph and Hrishikesh Roy said that any attempt by the police to not act in such cases will be viewed as contempt of court and lead to action against erring officials.
The court went on to direct the Delhi, UP and Uttarakhand police to take suo moto action in all instances of hate speech occurring in their jurisdiction without looking at the religion of the offenders.
The petition had argued that despite the court being cognizant of genocidal speeches and hate crimes against Muslims at several events and despite several orders directing concerned authorities to take appropriate action, the situation in India only seemed to be worsening with the growing radicalisation of the Hindu community and the propagation of widespread hate against Muslims.
Pulling up the Central government for its inaction to bring in a law for regulating hate speech, the bench of Justices KM Joseph and Hrishikesh Roy on September 21 had asked the Modi government to indicate within two weeks whether it intends to table any such law.
The bench went on to wonder why "the government of India standing as mute witness when all of this (hate speech on TV news channels) is happening? Why is the centre treating this like a trivial issue? Political parties will come and go, but the nation will endure."
Slamming TV Channels promoting hate speech, the bench had also said that nowadays anchors of news channels take this hate speech forward by allowing people to make such speeches in their show and by muting or avoiding allowing others to counter such views.
Stressing the need to have regulations, the bench was also of the opinion that strict action should be taken against (such) news anchors and they should be taken off air.