CPI(M) Leader Brinda Karat Moves Supreme Court Against "Continuous Calls For Social & Economic Boycott Of Muslim Community"

Communist Party of India (Marxist) leaders Brinda Karat & KM Tiwari have sought impleadment in an ongoing case against hate speeches (Shaheen Abdulla V. Union of India & Ors) in the Supreme Court of India.

Brinda Karat is a Polit Bureau member of CPI(M) and a former Member of Parliament (Rajya Sabha). KM Tiwari is currently acting as the CPI(M) Delhi State Committee Secretary.

In the main matter, the petitioner (journalist Shaheen Abdulla) had filed a writ petition praying for certain directions to call off the country’s growing climate of hate/hate speeches. The said matter is pending for adjudication before the Supreme Court.

This present application has been filed in the backdrop of the demonstrations held by Vishwa Hindu Parishad (VHP) and its youth wing, the Bajrang Dal, at 23 locations in the national capital protesting against communal clashes in Haryana’s Nuh district.

As per the application, the above-mentioned event has “incited people against the Muslim community in the name of Hindu Religion at public meetings held in various places in Delhi such as Nangloi, Ghonda Chowk etc. Such meetings are being held in different parts of National Capital and there has been continuous calls for economic and social boycott of Muslim community. These speeches are clearly an offence under several Sections of Indian Penal Code such as 153A, 153B, 295A, 505(1) etc. But unfortunately, neither stringent action is being taken against such people by the Police and Administration nor are such meetings being stopped.”

Two weeks back, the Supreme Court had passed a direction to police authorities to ensure that no hate speech or violence take place in the rallies held by VHP-Bajrang Dal in the national capital. Later, petitioner Shaheen Abdullah filed another application seeking action against calls made by certain groups for social and economic boycott of Muslim community. The Delhi High Court Women Lawyers Forum has also sent a letter petition to the Chief Justice of India with respect to this issue.

On August 11, a bench led by Justice Sanjiv Khanna said that a solution must be found for the problem of hate speeches. The bench also contemplated directing the DGPs to form committees with senior police officers to deal with hate speech complaints.

Recently, in April, a Division bench of the Supreme Court comprising Justice K.M. Joseph and B.V. Nagarathna, while hearing the above-mentioned writ petition, directed all states and union territories to take suo motu action against hate speeches and register cases “even if no complaint is forthcoming". The Court further directed to take appropriate action in law against the offenders immediately. It is imperative to mention that the said order made it clear that the action will be initiated against the offender irrespective of his/ her religion to preserve and protect the secular character of our country.

In this context, the Court remarked: “We further make it clear that such action will be taken irrespective of the religion that the maker of the speech or the person who commits such act may profess, so that the secular character of India, that is, Bharat as is envisaged by the Preamble [of the Constitution], is preserved and protected.”

Notably, this order was in furtherance of the Supreme Court’s order passed last year in October while hearing a petition against the “growing menace of targeting and terrorising the Muslim community in India”. However, in its October order, the court had passed a similar direction only to the governments of Delhi, Uttar Pradesh and Uttarakhand.

Therein, the Court had observed: “The Constitution of India envisages Bharat as a secular nation and fraternity, assuring the dignity of the individual and the unity and integrity of the country are guiding principles enshrined in the Preamble. There cannot be fraternity unless members of the community drawn from different religions or castes are able to live in harmony.”

Case title: Shaheen Abdulla V. Union of India & Ors, WRIT PETITION (CIVIL) NO. 940 OF 2022