In a recent hearing of a plea against the Vishwa Hindu Parishad (VHP) and Bajrang Dal rallies in the Delhi National Capital Region (NCR), the Supreme Court issued a call to action to all stakeholders to find a lasting solution to the issue of hate speech. The division bench, comprising Justices Sanjiv Khanna and SVN Bhatti, emphasized that the difficulty lay not in defining hate speech, but in implementing and executing laws against it.
During the hearing, Justice Sanjiv Khanna stressed the importance of sensitizing the police forces to handle hate speech cases effectively, allowing victims to access meaningful remedies without approaching the court. He urged the parties involved to work together in finding a resolution to this complex problem.
The Solicitor-General, Tushar Mehta, argued that the petitioners had prematurely approached the Supreme Court without exhausting remedies available under the law. He clarified that no community or individual could justify hate speech, and that any violation of the law should be addressed through filing an FIR and approaching a competent court. However, Justice Khanna and SG Mehta acknowledged the issue of selective petitions and agreed that the police forces needed to be sensitized to handle hate speech cases efficiently.
Senior Advocate CU Singh, representing the petitioner, highlighted the urgency of approaching the court due to the police's reluctance to register FIRs against repeat offenders of hate speech. He pointed out the consequences of hate speeches that incited violence and caused tensions between communities.
The court acknowledged that hate speech cases should not burden the judicial system, and there should be a mechanism to address such issues outside the court. Justice Khanna firmly urged all parties to adopt a constructive approach in finding a solution to prevent hate speech and its consequences.
Background: The plea was filed in response to communal violence in Haryana's Nuh and Gurugram, which led to announcements of protest marches by VHP and Bajrang Dal in the Delhi NCR. Although the court did not stop the rallies, it directed authorities to prevent violence and hate speeches and ordered the use of CCTV cameras to record sensitive events.
The case, titled "Shaheen Abdullah v. Union of India & Ors," has been adjourned until August 18, giving stakeholders time to work on a viable solution.
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