On Wednesday, a heated debate broke out in the Supreme Court as the bench called out the state governments for failing to take action against hate speech.
"These keep happening because politicians keep playing such games. Don't use religion in politics. The moment politics and religion are separated it will end" remarked justice KM Joseph.
Justice BV Nagarathna also expressed deep anguish at the continuing instances of hate speeches brought before the court.
"Your right to hold a procession is different from what is said or done in the procession," said Justice Nagarathna, even as a lawyer appearing for the Sakal Hindu Samaj argued that the petition before the bench was trying to curb their "religious practice".
"Why can't the citizens of this country take a pledge not to vilify others? What benefit do you get by vilifying others?" asked Justice Nagarathna.
The remarks came as the court heard a plea seeking contempt of court action against Maharashtra's police and administration for failing to take action against several instances of hate speeches and calls for violence against minorities during public speeches, including speeches by sitting MLAs.
The contempt petitioner, an activist from Kerala, pointed out speeches made by a sitting Maharashtra MLA as well as others during a series of processions and public meetings. The plea also highlighted that no action has been taken so far against those involved.
The Solicitor General of India, Tushar Mehta, and Additional Solicitor General, SV Raju, on the other hand, questioned the "credibility" of the petitioner.
"This will stop when such spirited PIL petitioners are made responsible, and instead of flagging issues from one state and one religion, you bring all the issues," Mehta argued. "These petitions are selective," he said, adding that the petitioner should incorporate other examples of hate speeches, including those by Muslim leaders from Kerala, in his petition.
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