Pleas against hate speeches: No legislative vacuum exists warranting intervention, says SC

The apex court dismissed several pleas and also closed the separate contempt petitions filed against the authorities of some states for their alleged failure in complying with the courts directions of taking action against those involved in hate speeches.

The Supreme Court on Wednesday said the existing framework of criminal law adequately addresses the issue of hate speeches and no ''legislative vacuum'' exists warranting intervention. ''The contention that the field of hate speech remains legislatively unoccupied, is misconceived,'' a bench of justices Vikram Nath and Sandeep Mehta said. The top court delivered its verdict on a batch of petitions seeking action against those involved in hate speeches and also for mechanism to deal with such instances. The bench said it would be open to the Centre and the competent legislative authorities to consider in their wisdom whether any further legislative or policy measures were warranted in light of the evolving societal challenges or to bring about suitable amendments as suggested by the Law Commission's 267th report of March 2017. ''While we decline to issue directions of the nature 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,'' Justice Nath said while pronouncing the verdict. The apex court said creation of criminal offences and the prescription of punishments lies squarely within the legislative domain. It said the constitutional scheme founded upon the doctrine of separation of powers does not permit the judiciary to create new offences or expand the contours of criminal liability through judicial directions. ''The precedents of this court consistently affirm that while Constitutional courts may interpret the law and issue directions to secure the enforcement of fundamental rights, they cannot legislate or compel legislation,'' the bench said. It said the existing framework of substantive criminal law, including the provisions of the erstwhile Indian Penal Code, and allied legislations adequately addresses acts that promote enmity, outrage religious sentiments, or disturb public tranquillity. ''The field is, therefore, not unoccupied,'' the bench said. It said the statutory framework under the erstwhile Code of Criminal Procedure (CrPC), now the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides a comprehensive and layered mechanism to set the criminal law in motion. The bench said the duty of police to register an FIR upon disclosure of a cognisable offence is mandatory and in cases of non-registration of FIR, the CrPC or the BNSS provides efficacious remedy. The apex court dismissed several pleas and also closed the separate contempt petitions filed against the authorities of some states for their alleged failure in complying with the court's directions of taking action against those involved in hate speeches. The detailed judgement is awaited. The top court had reserved its verdict on the pleas on January 20, and observed that it would close most of the petitions related to hate speeches pending since 2021, and in which the court had asked the police to suo motu register FIRs. On April 28, 2023, the apex court had extended the scope of its 2022 order beyond three states and directed all states and Union Territories to register cases against individuals guilty of making hate speeches, regardless of whether a formal complaint was lodged. It had termed hate speeches a ''serious offence capable of affecting the secular fabric of the country''. The top court had noted that its October 21, 2022, order shall be made applicable irrespective of religion, warning that any delay in registering cases will be treated as contempt of the court. Emphasising that the Constitution envisages a secular nation, the apex court had in 2022 directed Uttar Pradesh, Uttarakhand and Delhi to promptly register criminal cases against the offenders without waiting for a complaint to be filed. The apex court had warned that any delay from the administration in taking action on this ''very serious issue'' would invite contempt action. The top court's order came on one of the pleas, which had initially sought direction to the governments of Delhi, Uttar Pradesh and Uttarakhand to register cases against those delivering hate speeches. Later, an application was filed in the court seeking implementation of the October 2022 order across states and Union territories.