SC Orders States To Register Cases Against Hate Speech Even If No Complaint Is Lodged

New Delhi: The Supreme Court today expanded the reach of its 2022 order, which instructed the police in Delhi, Uttar Pradesh, and Uttarakhand to act independently in cases of hate speech, and ordered all states and union territories to file cases against hate speech even in the absence of a complaint. The court issued a warning that late filing of cases would be considered contempt of court.

The apex court further stated that hate speech is “capable of affecting the secular fabric of the country” labelling it a serious violation.
Several petitions alleging crimes involving hate speech were being heard in court. The state of Maharashtra was asked to respond to a complaint of contempt for allegedly failing to take action against hate speech before the bench.

The bench suggested one for each district in response to the petitioners’ suggestion that a nodal officer be appointed for each state. The petitioners also argued that a process needed to be established for taking down hate speech from social media.

In response to requests for a formal complaint (FIR) to be filed against union minister Anurag Thakur and others for hate speech, Justice KM Joseph stated that the Magistrate had ruled that a sanction was required for an FIR and that the High Court also agreed that a sanction was required under Section 156(3).

The bench stated, “The judges are apolitical and are not concerned with Party A or Party B and have only the Constitution of India in mind.”

It stated that for the “larger public good” and to ensure the development of the “rule of law,” the court has been hearing petitions against hate speech in various sections of the nation.

The matter will next be heard by the Supreme Court on May 12.