Hate speech completely different from seditious statements, says Supreme Court docket | India Information

NEW DELHI: After passing pan-India instructions to police to behave suo motu in opposition to these making hate speeches and harming the social material, Supreme Court docket on Thursday refused to entertain a petition in search of related motion to arrest the pattern of seditious speeches overtly encouraging anarchy and separatism.
A PIL by ‘Hindu Sena Samiti’ earlier than a bench of CJI Sanjiv Khanna and Justice Sanjay Kumar had sought SC’s pressing intervention to forestall what it referred to as the rising menace of political leaders, particularly these from the opposition, making allegedly provocative public speeches and giving media interviews “prejudicial to nationwide integrity and overtly extending threats to the safety of the state”.
“Members of various political events, outstanding leaders from the opposition, spokespersons and members of organisations have been making public assertions for creation of situations for secession akin to Sri Lanka and Bangladesh, calling for resorting to subversive actions and armed insurrection,” the PIL stated.
Nonetheless, SC stated that “there’s a placing distinction between hate speech and improper or false assertions or false claims made by folks.”
If we admit this petition, it’ll open floodgates: SC
The CJI Khanna-led bench stated, “SC had entertained pleas for curbing hate speech as that was harming social concord. Pointers have been laid and the courtroom has issued contempt notices for violation of tips. What you need could be very large. You’ve gotten gone far and wide. If we entertain this petition, there might be a flood of such petitions and it’ll grow to be inconceivable to take care of the problem.”
The bench dismissed the PIL saying it couldn’t entertain it. “In case the petitioner has any particular grievance, it may possibly strategy the suitable discussion board,” it added. SC in April 2023 had given pan-India sway to its Oct 2022 order directing Delhi, UP, Maharashtra and Uttarakhand police to take suo motu motion in opposition to these making hate speeches no matter the spiritual neighborhood they belonged to.
The courtroom had warned that any hesitation on a part of state police to behave in opposition to hate speech might be seen as contempt of SC and applicable motion might be taken in opposition to erring officers.
“Hate speech is a severe offence affecting the material of the nation and goes to the guts of our republic and about dignity of individuals. What we’ve got in our thoughts is a bigger public good and try to make sure institution of rule of legislation in order that issues don’t exit of our fingers,” an SC bench of Justices Ok M Joseph and B V Nagarathna had stated in April final 12 months.