The bench of Supreme Court Justices KM Joseph and Hrishikesh Roy on Friday, 22 October, made stern observations in a case pertaining to "hate speeches being made by various persons against the Muslim community."
The Court also asked the Delhi, Uttar Pradesh and Uttarakhand police to file a report detailing what action has been taken in such hate speech/action cases and also ordered that appropriate action should be taken, even if no complaint has been filed, in cases where any speech or action falls foul of Sections 153A, 153B and 295A and 505, etc, of the Indian Penal Code.
"We feel that this Court is charged with the duty to protect the fundamental rights and also preserve the constitutional values and the secular democratic character of the nation and in particular, the rule of law," the bench observed.
The Supreme Court order comes just two days after United Nations Secretary-General António Guterres, on his visit to India, had said that the country must condemn hate speech "unequivocally."
"India's voice on the global stage can only gain authority and credibility from a strong commitment to inclusivity and respect for human rights also at home," he had said.
The petition in the Supreme Court was filed by Shaheen Abdullah, a resident of Kozhikode in Kerala.
"The complaint of the petitioner is one of despondency and angst arising from the perception that despite 2 suitable provisions in penal law being available, there is inaction or rather total inaction," the bench said.
"The Constitution of India envisages Bharat as a secular nation and fraternity assuring the dignity of the individual and unity and the integrity of the country is the guiding principle enshrined in the Preamble. There cannot be fraternity unless members of community drawn from different religions or castes of the country are able to live in harmony," it further stated.
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