The Supreme Court on Wednesday asked the law Commission to examine whether political parties can be derecognised for making hate speeches.The recommendation would form part of the exercise on electoral reforms pending with the Commission.
Issuing orders on a PIl filed by NGO Pravasi Bhalai Sangathan, the bench of Justices BS Chauhan, MY Eqbal and AK Sikri felt that hate speeches or derogatory speeches made on lines of religion, region, caste or race have been adequately covered by various provisions in the law. However, the question of framing guidelines for political parties and its functionaries from engaging in such acts left to be determined.
The bench said, “We request the law Commission to also examine the issues caused herein thoroughly and also to consider, if it deems proper, defining the expression ‘hate speech’ and make recommendations to the Parliament to strengthen the Election Commission to curb the menace of hate speeches, irrespective of whenever made.”
The petition argued that any person booked for hate speech should be barred from repeating the act in any other part of the country till pendency of the criminal proceedings. The bench, however, pointed out that such powers to regulate criminal trials cannot be vested with the EC as it rests with Magistrate. Moreover, the jurisdiction of the Commission to register crimes commences with the announcement of elections and ends with declaration of results.
The Court asked the executive to ensure laws contained in IPC must be strictly enforced as it seeks to punish any person making speeches derogatory to national interest and averse to unity of the country on lines of religion, caste, region and race.