Amid the raging debate about growing ‘intolerance’, the Centre on Tuesday batted in favour of retaining provisions in the IPC punishing hate speeches and bracketed BJP leader Subramanian Swamy’s book — Terrorism in India — published in 2004 as one “promoting feelings of enmity and hatred between Hindus and Muslims in India”.
An affidavit filed by Ministry of Home Affairs in the SC maintained that Swamy, who has petitioned the SC for scrapping the provision Section 153A of IPC, violated Sections of IPC.
The affidavit filed by laltlana Chhangte, MHA Under Secretary, stated that since the Constitution is based on principle of mutual coexistence of persons belonging to various religions, castes and classes, Section 153A and related provisions of IPC must be retained in order to punish persons who attempt or act to disrupt this unity.
“The book — its theme, its language, its innuendoes, the similies it employees and the moral of its story, if any — in order to ascertain whether the offending passages read in the context of the book as a whole fall within the mischief of section 153A.
“The book to be considered in all its aspects as it contains matter which “promotes feelings of enmity and hatred between Hinuds and Muslims in India.” Therefore the petitioner has violated Sections of IPC,” the affidavit pointed out.
Swamy’s PIl said that certain provisions in the IPC like 153, 153A, 153B, 295A, 298 and 505 violate the freedom of speech guaranteed by the Constitution. The Centre in its 12 page petition objected to the scrapping of the provisions, arguing that these provisions in the IPC were needed to take actions against hate speeches.
Reacting to the MHA’s affidavit, Swamy said he will speak to Home Minister Rajnath Singh and also give a “fitting” reply in court. “This paragraph is wholly irrelevant since the Notice was issued to Government to know its views on my challenge to constitutionality of the Hate Speech Sections of IPC and not whether I had broken any law by writing a book 10 years ago.
“Hence it is a total lack of application of mind by the Government and speaks poorly about the law Officers of the Government who have already brought disgrace to the BJP government by their failure in dealing with the Section 66A of Information Technology Act and in the NJAC fiasco,” said Swamy.