On Wednesday, the Supreme Court said that the authorities need to be conscious that no incitement to “violence” and “hate speech” are permissible. However, the SC underscored this while ordering the Chhattisgarh and Maharashtra local administrations to examine the public events occurring in the State closely.
SC’s Warning on Incitement to Violence
The top court ordered the local police and administration of Chhattisgarh and Maharashtra to keep an eye on the public events planned by the Hindu Janajagruti Samiti on January 18 in Yavatmal and another event in Raipur, by BJP MLA T. Raja Singh from January 19 to January 25.
The bench headed by Justices Dipankar Dutta and Sanjiv Khanna directed the Superintendents of Police (SPs) and District Magistrates (DMs) to look into the two places, as the allegations of repeated instances of hate speech by the Samiti and Mr Singh, who organizing the seven-day event in Raipur, Chhattisgarh. “The DM and the SP, Yavatmal and Raipur, will take notice of the allegations made in the applications…The DMs and SPs concerned will take necessary steps as may be required,” the court order said. Moreover, the bench took such action on the petition filed by Shaheen Abdulla, represented by senior advocate Kapil Sibal and advocate Nizam Pasha, to withdraw permissions granted to conduct such type of events in public corridors.
Petitioner’s Counsel Stand
The petitioner alleged that the Samiti was actively involved in organizing events where the speeches were openly given on demonizing Muslims and calling for their “boycott”. In an application, it is stated that the event organised on January 3 at Solapur, Maharashtra saw hate speech targeting Muslims. “Same organization held several events on January 7 to establish Hindu-centric Rashtra,” said in the petition, represented by senior advocate Kapil Sibal.
Sibal, who pressed to direct to stop rallies in Maharashtra and Chhattisgarh later this week has come across relevant cases. According to Sibal, the BJP MLA was a habitual offender of hate speeches in public, also a separate case for conducting indiscipline and disturbing speeches in Raipur.
Repeated Offence through speech
It alleged the MLA Mr Singh was “repeatedly offending” through the hate speeches by holding a series of events and rallies in Chhattisgarh. Meanwhile, senior advocate Sibal apex court’s directions into several cases were muted by police authorities. To this, the bench said that the authorities had acted against the hate speeches in the past.
However, the bench turned down the plea made regarding the events as the applicant had not made Singh a party to the plea despite seeking direction against holding processions, which might affect the person personally.
Series of events of Hate Speech
In 2018, the court apex had condemned hate crimes. The judgement in the Tehseen Poonawalla case laid down extensive guidelines and preventive measures to curb instances of mob lynching and hate crimes. Further, in October 2021, the statement about the “climate of hate” prevails in the country in the 21st century, while directing the police to Suo Moto to register cases on hate speech offenders without waiting for someone to file complaints.
Potential Impact
The debate surrounding incitement and hate speech often reflects broader societal divisions and tensions. The court’s intervention could further intensify these discussions, with important implications for public discourse and social cohesion. In addition, to address this issue a range of factors, specific policy implementation, and overall social and political climate.
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