States, UTs must file cases on hate speech; no complaint needed: SC

New Delhi: Extending the scope of its 2022 order, the Supreme Court on Friday directed all states and union territories to register cases against hate speech even if no complaints were registered. The court also warned that delay in filing cases in the matter would be viewed as contempt of court, NDTV reported.

In 2022, the court directed Delhi, Uttar Pradesh, and Uttarakhand police to take suo motu action against hate speech.

Hearing a batch of pleas on hate speeches on Friday, the court termed called hate speech a serious offence and added that it is capable of affecting the secular fabric of the country.

Earlier, the bench had demanded Maharashtra’s response to a contempt petition on the alleged failure to take action against hate speech.

The bench of Justices KM Joseph and BV Nagarathna said that the court wanted to assert that action must be taken against offenders irrespective of religion in such cases so that a secular India envisaged by the Consitution is preserved.

When the petitioners demanded a nodal officer in this regard in each state, the court suggested the same for every district. Further, the petitioners asked for a procedure for taking down hate speech on social media.

Then, there were petitions to file FIR against union Minister Anurag Thakur and others for hate speech, to which the court said that Magistrate, as well as the High Court, held that sanction is needed for 156(3).

It said that judges are apolitical and are not concerned with political parties but with the Constitution.

The court has been allowing hate speech petitions in various parts of the country only for the larger public good and to establish the rule of law. Further hearing on the matter has been listed for May 12.

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