The Supreme Court on Friday said that instances of hate speech would be prosecuted equally, no matter the faith of the offender.
A Bench headed by Justice Sanjiv Khanna made the remark when a lawyer alleged that a rally was held in Kerala in July where one of the slogans was “death to the Hindus”.
“We have made it very clear, hate speech will be treated equally, no matter which side is doing it,” Justice Khanna emphasised.
Advocate Nizam Pasha intervened to say that “hate has no sides”.
Hate speech on the rise
The exchange came when a series of petitions complaining of rising instances of hate speech came up for hearing.
In October 2022, the top court had said that it was “tragic what we have reduced religion to” in the 21st century, noting that a “climate of hate prevails in the country”, while directing police and authorities to immediately register cases against hate speech makers and offenders who committed acts of communal violence without waiting for a complaint to be filed.
Recently, the court had asked the Ministry of Home Affairs and the governments of Maharashtra, Odisha, Rajasthan, Bihar, Madhya Pradesh, and Haryana to respond to a petition filed by the National Federation of Indian Women seeking an explanation for their “consistent failure” in the past five years to act against lynching and mob violence committed against Muslims by cow vigilantes.
State’s duty
In 2018, the court had condemned hate crimes and held that it was the “sacrosanct duty” of the State to protect the lives of its citizens.
The Tehseen Poonawala judgment saw the court issue guidelines for the States and police to prevent, control, and deter mob violence and lynchings.
“I hope the guidelines are being followed,” Justice Khanna told the government.
The court listed the case on August 25.
