The apex court is now taking keen interest in matters of hate speech, it must thwart attempts to demonize minorities with venomous utterances
India's win over Pakistan in the recent Super-12 T20 World Cup match is being celebrated widely and is being treated as a Diwali Gift by team India to the nation and the ViratKohli-Hardik Pandya duo is being credited for this heroic win. However, there is one more Diwali gift that we received recently from our Hon'ble Supreme Court when a two-judge bench comprising of Justices KM Joseph and Hrishikesh Roy while hearing a petition about the growing trend of hate speeches against Muslims, came down heavily on the police authorities and executive agencies of different States for their total inaction and directed them to register "Suo-Motto" complaints without paying heed to the perpetrator's religious identity [Writ Petition (Civil) 940 of 2022; Shaheen Abdulla vs. Union of India & Ors.].
But what makes "this instance" by the Hon'ble Supreme Court so special and noteworthy? The answer is threefold- Firstly, "the sheer seriousness" which is shown by the learned judges in acknowledging the problem of rapidly increasing hate speeches, particularly and continuously being propagated by members of the ruling party and their affiliated "so-called monks & sadhus". Secondly, the learned judges not only acknowledged the problem of hate speech but, while keeping the main petition pending, proceeded to give effective interim order by directing the nonchalant police authorities and executive agencies to register the "Suo Motto" complaint against the perpetrators without considering their religious identities, vide their speaking judicial order dated 21st October 2022. Thirdly, they invoked the deep-rooted & much-debated constitutional principles of "fraternity" & "secularism" to hold the executive accountable and also warned them of "contempt" in case of non-compliance with the said order. Another facet that makes this order a "plausible one" is that it focuses on real action and not mere judicial words, which could be left at the mercy of the executive's arbitrary interpretation. It is perhaps for the first time in the past many months that the Hon'ble Apex Court has acknowledged and addressed this "issue" with such seriousness and even remarked that "religion" is being used to spread hatred and target communities.
It is not the first time that someone has approached the apex court with the grievance of growing cases of Hate Speech. The Apex Court is already examining matters about hate speech which were filed in the wake of venomous news broadcast against the Muslim community by news channels like Sudarshan News [Writ Petition (Civil) No. 956 of 2020; In Re UPSC Jihad], and also in the aftermath of so-called "DharamSansads& Hindu YuvaVahini Meetings" in different states (particularly BJP ruled), wherein inflammatory remarks and speeches were made and call to boycott and wipe out Muslims and other minority communities were made by right-wing political leaders and religious imposters like 'Yati Narsingananad Saraswati' and others [Writ Petition (Civil) No. 24 of 2022].
However, the fact of the matter is that neither any Judge from the apex Court nor concerned High Courts took Suo-Motto cognizance (despite having conferred with such powers by the Constitution) of the constant hate speeches, and nor any effective interim or permanent orders were passed by the concerned benches in the above mentioned batch matters despite the seriousness of the issues involved.
Fortunately, these matters are also now being heard and examined by the same bench comprising of Justices Joseph & Roy, wherein on the last date of hearing, i.e., 21st September 2022, the learned Judges took note of the recommendations made by the 267th report of the law commission of India to introduce more stringent provisions to tackle the menace of hate speeches and sought response from the Union of India. Especially, considering that fact there are already existing judgments like "Shakti Vahini, Tehseen S. Poonawalla, and Kodungallur Film Society, " from the apex court which have laid guidelines to deal with the crime of hate speech. But, despite the said judgments in place, hate speeches are being made a day in and day out, and in fact, an effort has been made to normalize it by none other than people who are part of the power spectrum. Thus, under such peculiar circumstances, it would be interesting to see how the Hon'ble Supreme Court would get its orders implemented through inactive or rather adamant executive agencies, which are presently acting as "puppets" in the hands of powerful political leaders.
At a point, when religious temperaments are high and political masters are using media and their socio-religious allies as a tool to spread hate against minorities, such judicial orders bring a sigh of relief. Further, such orders also remind us that the Hon'ble Supreme Court is called "sentinel on the qui vive (a watchful guardian of citizen's fundamental rights)" for a reason and that reason is- when the citizens have no one to guard their rights, the constitutional courts come to their rescue. For that, it is only the constitutional courts that could stand up against the arbitrariness & inaction of the "mighty State and its machinery", as they (Courts) have been conferred with enough powers by our beloved Constitution. Thus, it is not only the Kohli-Pandya duo who have given us the joy of happiness and reasons to celebrate but also the Joseph-Roy (Justices) duo.
(The writers are practicing advocates at the Supreme Court of India. The views expressed are personal)