Immediate Action Against Hate Speech : SC
Source : Indian Express
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What is discussed under Immediate Action Against Hate Speech : SC?
- What is Hate Speech?
- Cases related to Hate Speech
Why in News ?
The police heads of Delhi, Uttar Pradesh, and Uttarakhand were ordered by the Supreme Court to take immediate suo motu action against the perpetrators by filing criminal cases without first awaiting written complaints.
Key Facts
- Authorities were forewarned that proper action shall be taken against the erring officials” and that “any hesitation to act in line with this
Image by rawpixel.com on Freepik instruction would be seen as contempt of court.
- Background
- Speeches made at a Virat Hindu Sabha recently held in the Capital by the VHP’s Delhi division and other Hindu organisations were emphasised in a plea that the bench of Justices K M Joseph and Hrishikesh Roy addressed.
- There have been other similar petitions calling for action after anti-Muslim remarks at several Dharam Sansad gatherings.
- The bench said they shall ensure that immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC etc.
- Suo motu action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law.
What is Hate Speech?
- The term “hate speech” describes objectionable statements that may endanger societal harmony and targets a group or an individual based on inborn qualities (such as race, religion, or gender).
- The idea is still hotly debated, particularly in regards to equality, non-discrimination, and freedom of speech.
- Hate speech can be spread offline or online and can be expressed through any form of expression, including pictures, cartoons, memes, items, gestures, and symbols.
Reasonable restrictions against Freedom of Speech
- Freedom Of Speech
- Article 19 : Protection of certain rights regarding freedom of speech etc with reasonable restriction.
- IPC Section 295A : Punishment for deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
- Section 153A of IPC : Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
Cases related to Hate Speech
- In State of Karnataka v. Praveen Bhai Thogadia (2004), the Supreme Court emphasised the need of maintaining communal unity in order to secure the welfare of the people.
- Arup Bhuyan vs the State of Assam : The Court ruled that a single act cannot be penalised unless the perpetrator used violence or incited others to use violence.
- Ramlal Puri v State of Madhya Pradesh : The Supreme Court stated in 1973 that the standard to be followed is whether the speech in question offends the average man of common sense rather than the hypersensitive man.
- Ramji Lal Modi v State of Uttar Pradesh : Section 295A’s legality was challenged and the Supreme Court maintained the statute on the grounds that it was enacted to maintain public order.
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