Supreme Court junks plea seeking new legislation for hate speech

Contempt petitions alleging police inaction in registering hate speech cases were listed for further hearing on May 19, with several petitions dismissed and some responses awaited.

The 125-page judgment, authored by Justice Nath, dismissed advocate Ashwini Kumar Upadhyay’s plea seeking separate offences for hate speech and rumour-mongering. The court held that existing penal laws adequately address hate speech, described the petition as misconceived, and stated that the field is not legislatively unoccupied. It emphasised that hate speech is antithetical to fraternity and to the moral fabric of the Republic, and left open the possibility of future legislative or policy measures by the Centre and states. The bench directed the Centre to circulate a copy of the judgment to all high courts and noted FIR procedures under Lalita Kumari and CrPC. It disposed of 13 connected petitions and reaffirmed that policymaking and legislative choices lie with the legislature, not the judiciary, and declined ongoing judicial supervision over executive or investigative functions.

Petitions referred to alleged hate speech at the Dharam Sansad event in Haridwar in 2023 targeting Muslims.

The issue arose in Brinda Karat’s petition challenging a 2022 Delhi High Court ruling that granted relief to BJP leaders Anurag Thakur and Pravesh Verma.

The bench urged the Union government and states to consider suitable amendments suggested by the Law Commission in its March 2017 report on hate speech.

The bench cited the Lalita Kumari judgment ruling of 2014, stating police are duty-bound to register an FIR where a cognisable offence is disclosed.