No space for religious hate crimes in secular nation: SC

The bench of Justices K M Joseph and B V Nagarathna said said that laxity to act against these crimes fosters a dangerous atmosphere. 
A view of the Supreme Court of India in New Delhi. (File Photo | Shekar Yadav, EPS)
A view of the Supreme Court of India in New Delhi. (File Photo | Shekar Yadav, EPS)

NEW DELHI: Expressing displeasure over the failure of UP police to register FIR in a crime of hate speech committed on a 62-year-old Muslim man in Ghaziabad, the Supreme Court on Monday said that there is no space for hate crime on the basis of religion in a secular country. 

The bench of Justices K M Joseph and B V Nagarathna said that laxity to act against these crimes fosters a dangerous atmosphere. “There is no space for hate crime on basis of religion in a secular country, it has to be rooted out and when the state has the will it has to be seen that it ends/ it is the primary duty of the state. When a person is wearing the cap... there can be other crimes along with hate crime... when such crimes are not acted against, then an atmosphere is fostered which is a dangerous issue and it has to be rooted out from our lives,” the bench said. 

Lambasting the UP govt, the court said, “Set an example that such officers cannot get away with dereliction of duty. Then only we will come at par with the developed nations.” Justice B V Nagarathna said, “Mindset of the police also... someone who is coming to lodge an FIR cannot be treated in a disparaging manner... They should not be made the accused just because they have come to register the FIR.” 

While directing the state to file an affidavit mentioning the FIRs that have been filed against the gang involved for indicating the time when the accused were apprehended and bailed out. The apex court said, “Be it a minority or majority, there are certain rights that are inherent in human beings. You are born in a family and raised in one but we stand out as a nation. You have to take this seriously. Our 
country permits that and that is the diff between a theocratic state and a secular state. India stands out.”

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