Justice KM Joseph Repeats His Word Of Caution, Says Secular State Cannot 'Whitewash' Hate Crimes

Supreme Court judge Justice KM Joseph on Monday reiterated that “there is no space for hate crime in a secular country.” A bench led by him was hearing a writ petition filed by a man against the UP Police's inaction in his complaint that he was subjected to hate crime in July 2021 in Noida.

In this case, the UP Police registered an FIR only one and a half year after the incident took place, that too after the Supreme Court asked it to produce the case diary on the last hearing date. The bench expressed 'distress' at the UP Police 'laxity'. 

While pointing to the ill-effects of hate speech, Justice Joseph orally remarked, “When you create a climate where you foster hate speech, encourage it, do not prevent it, then it becomes a very serious thing. That has to be rooted out from our lives. There is absolutely no room from this…if it is a hate crime, we have to face it frontally and take swift action... we cannot whitewash this..Action of every state officer augments respect for the law otherwise everyone will take law in to their own hands."

Justice Joseph also said, “When you impact Rule of Law, the impact is on society, its politics and most importantly the economy…one of the reason why the rupee fluctuates, in economic theory, they say its law and order. Law and Order has impact on currency. We have to stop it.”

Referring to a recent incident from Rajasthan, Justice Joseph noted, “Recently in Rajasthan a dumb man was continuously clobbered and then it was found that he was Hindu.”

Justice Joseph alarmingly noted, “If you ignore this then one day it will come for you. No problem for the protected class…but it affects the common man…we cannot compromise in their security. Will you not acknowledge that there is a hate crime and you will sweep it under the carpet? I am not saying anything adverse.. we are only expressing our anguish. Be in minority or majority, certain rights are there which is inherent in human beings. You are born into a family and raised in one..but we stand out as a nation.. you have to take this seriously. now that you are appearing I hope it is taken to logical conclusion. Set an example that such officers cannot get away with dereliction of duty... then only we come at par with the developed nations and what not.”

Advising the state, Justice Joseph further remarked, “Solutions can be found only when you recognize the problem…first step is recognising and acknowledging the problem. If there is a problem then the law provides a solution.”

“There is a growing consensus around hate speech…if a person comes and says that I am wearing cap, I am Muslim, I have been accosted and beard is pulled up, treated in this way and still no complaint is registered.. then its a problem,” Justice Joseph added.

On previous instances too, Justice KM Joseph has expressed his concerns about hate speech (read here, here and here). 

Case : KAZEEM AHMAD SHERWANI vs STATE OF UP W.P.(Crl.) No. 391/2021