Hate Speech Cannot Be Tolerated ‘Harmony And Comity Needed Between Communities’ Says SC

The SC was deliberating a case involving alleged “blatant hate speeches” during rallies that called for the murder of members of a specific community and their social and economic boycott.
The Supreme Court on Friday proposed a committee established by the Director General of Police (DGP) of Haryana to look into the charges filed in the wake of the recent communal disturbances in the state that lost six lives, noting that there must be harmony and comity across communities.

Justices Sanjiv Khanna and SVN Bhatti’s bench instructed Additional Solicitor General K M Nataraj, who was representing the Center, to get guidance and notify them of the planned committee by August 18.

Hearing at the Supreme Court

An appeal regarding alleged “blatant hate speeches” asking for the murder of members of a specific community and their social and economic boycott at demonstrations in various states, including Haryana, was being heard by the top court.

Justices Sanjiv Khanna and SVN Bhatti’s bench instructed Additional Solicitor General K M Nataraj, who was representing the Center, to get guidance and notify them of the planned committee by August 18.

“All the communities are accountable, and there must be some degree of amity and peace amongst the communities. I’m not sure if this has been overstated, but hate speech is a bad problem that no one can tolerate.

“We can request that the DGP appoint a committee of three or four officers, whom he would select, to receive and review all materials provided by station house officers, determine whether the papers are real, and provide the appropriate instructions to the relevant police officer. The police need to be made more aware, both at the SHO and police levels, the bench ruled.

The top court further ordered the petitioner, journalist Shaheen Abdullah, to compile all materials, including videos, and present them to the nodal officials established in each state in accordance with its October 21, 2022 ruling. Nataraj stated during the hearing that the Union of India opposes hate speech, which needs to be completely checked.

He agreed that in some instances, the system in place to deal with hate speech is ineffective.

Senior attorney Kapil Sibal, speaking on behalf of Abdullah, stated at the outset that “this kind of vitriol cannot go on” and that people needed to be protected from hate speech. When the bench questioned Sibal about the committee suggestion, the senior attorney responded, “My problem is when someone threatens shopkeepers to throw out Muslims in the next two days, this committee is not going to help.”

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Sibal claimed that despite the police repeatedly claiming that a FIR has been filed, the criminals never experience arrest or legal action. “What progress is accomplished, not the registration of FIRs, is the issue. They neither make any arrests nor bring any cases against anyone. After the FIRs are filed, nothing occurs, according to Sibal. Now, August 18 will be the date of the hearing.

The application submitted by Abdullah made reference to the order of the Supreme Court from August 2 that stated, “We hope and trust that the state governments and police will ensure that no hate speeches irrespective of the identity are made against any community and that there is no physical violence or damage to the properties.”

Police Forces to be deployed

The top court had stated that where necessary, substantial police or paramilitary force would be deployed and that authorities, including police, would employ CCTV cameras placed or record/make video recording in all sensitive areas. It was noted that hate speeches vitiate the atmosphere.

In spite of the apex court’s ruling, the motion claimed, more than 27 demonstrations were held in different states in the wake of the racial riots in Nuh, Haryana, and hate speeches were delivered.

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Despite the aforementioned injunction, “more than 27 rallies have been organized across various states where blatant hate speeches calling for the killing and social and economic boycott of Muslims have been delivered openly,” the statement read. The application includes a table with pertinent video links that lists a few of the protests that happened between August 1, 2023 and August 7.

The statement read, “In a video that appeared on social media on August 2, 2023, a procession by the Samhast Hindu Samaj can be seen walking through a neighborhood in Hisar, Haryana, in the presence of police officials issuing warnings to residents/shopkeepers that if they continue to employ/keep any Muslims after 2 days then their shops will be boycotted.”

The petitioner has asked the Director General of Police of Uttarakhand, Uttar Pradesh, and Haryana, as well as other authorities, for directives to take the necessary steps and ensure that such gatherings are not permitted. The top court issued the ruling on August 2 in response to the Hindu Right organizations Vishva Hindu Parishad (VHP) and Bajrang Dal’s announcement of 23 protests throughout the National Capital Region (NCR) in response to the riots in Haryana.

6 casualties

Six people were killed in the ethnic confrontations that started in Nuh when a Vishva Hindu Parishad procession was ambushed by mobs, including two house guards and a cleric. Later, the communal fighting expanded to Gurugram and other nearby areas of the national capital.