Tuesday, June 18, 2024

Supreme Court said removing hate can make us see the difference as everything said does not amount to hate speech

The Supreme a court of India while dealing with a batch of petitions seeking directions to regulate hate speech said that not everything said would amount to hate speech. 
The Supreme Court clarified whether  the Section 153A can be invoked depends on the interpretation of the provision by the Supreme Court.

Talking on this, a Bench which  comprised of Justice K.M. Joseph and Justice B.V. Nagarathna referred to its recent direction to stay proceedings against Delhi CM Kejriwal.
The bench said that recently they had stayed proceedings against Arvind Kejriwal. The bench cited many decisions explaining about the Section 153A. Not everything said amounts to hate speech
The Supreme Court has put a stay on the trial proceedings in a 2014 case which was registered against Kejriwal for allegedly saying “those who believe in ‘ Khuda’ won’t be pardoned by ‘Khuda’ if they vote for BJP” during an election campaign. 
On Monday,while the hearing was taking place,Justice Joseph emphasised on the beauty of Indian civilisation,where the  knowledge is eternal and and it should not be belittled by indulging in hate speech.
 The Solicitor General of India, Mr. Tushar Mehta apprised the Court  that there have been  applications been filed in the matter with respect to hate speech in some rallies. The SGI told the bench that he was served copies of the application a day prior to the hearing and would need some time to on take instructions.
Appearing for the applicant,advocate Nizam Pasha,said that there have been instances of hate speech in the rallies.Justice Joseph told the applicant counsel that the Court ought to exercise caution as there is no definition of hate speech. 
The bench added that they have to rely on allied provisions in the Indian Penal Code in this regard. Making the point Justice Nagarathna added that there ought to be an aspect of vilification for a speech to qualify as hate speech.
Mr. Pasha reminded the Bench that on the last occasion the Court had directed the police to videograph the meeting proposed by Sakal Hindu Samaj held on 05.02.2023 in the State of Maharashtra and make it available to the court. Accordingly, the Bench asked the Solicitor General to file the same.
The Court  indicated that all the applications would be taken up with the main petitions would be taken up on 21st March, 2023.

Justice KM Joseph said directed for all the applications to be listed, till the time there is a common enemy, which is hate. Remove hate from the mind and see the difference.


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