Hate speech: No legislative vacuum on hate speech; existing criminal law adequately deals with offence: SC

The Supreme Court on Wednesday refused to issue any guidelines or directions to curb hate speech across the country, while observing that legislation on hate speech lies in the domain of the legislature and not the courts.

The Supreme Court on Wednesday refused to issue any guidelines or directions to curb hate speech across the country, while observing that legislation on hate speech lies in the domain of the legislature and not the courts. A bench of Justices Vikram Nath and Sandeep Mehta dismissed petitions seeking guidelines and protections against hate speech and said that the existing criminal law adequately deals with the offence of hate speech.

There is no vacuum in law to deal with the offence of hate speeches, and existing criminal laws already cover offences promoting enmity and disturbing public order, the bench said. It further said that it was beyond the remit of the judiciary to create an offence, as it is a field exclusively within the domain of the legislature.

The apex court further said that it is open for the Centre to consider whether any changes are warranted in the light of social changes to bring about suitable amendments. It said that the grievance of the petitioners arises not from the absence of law but from the deficit from its enforcement.

Such concerns do not, however, justify law-making by the judiciary, said the bench, noting that the Bharatiya Nagarik Suraksha Sanhita (BNSS) provides for the registration of FIRs in cognisable offences and remedies before the Magistrate in case of default by the police. "While we decline to issue directions sought, we deem it appropriate to observe that the issues relating to hate speeches and rumour mongering bear directly upon the preservation of fraternity, dignity and Constitutional order. It is open to the Union and the States to consider in their wisdom whether any further legislative measures are warranted in the light of evolving societal changes and challenges, or to bring suitable amendments as suggested by the Law Commission 267 report dated March 23, 2017," the judgement stated.

The verdict of the top court came on a batch of pleas seeking steps to be taken against hate speech incidents. The Supreme Court in 2018, had issued a slew of guidelines for the Centre and State governments to control and prevent the increasing number of hate crimes, including mob violence and lynching.

The guidelines included fast-tracked trials, victim compensation, deterrent punishment and disciplinary action against lax law-enforcing officials. The top court had said offences such as hate crimes, cow vigilantism and lynching incidents should be nipped in the bud. It had said nodal officers were to be appointed to take note of hate crimes and register FIRs across the nation. (ANI)