Hate Speech : Supreme Court Asks Centre To Collect Information From States On Compliance With Directions To Prevent Mob Violence & Vandalism

"We request the Secretary, Home Department, GoI to collate necessary information from the respective State/UTs in respect of matters referred to in the common chart to be made over by the Counsels for the petitioner in one week. The information essentially would be in respect of matter in nature of compliance with directions and observation in the afore-stated decisions to provide for preventive, corrective and remedial measures from arresting untoward situations that occur and are referred to in the petitions."

A Bench comprising Justices A.M. Khanwilkar, A.S. Oka and J.B. Pardiwala, was referring to compliance with the slew of directions passed by the Apex Court in Kodungallur FilmSociety v. UoI, Tehseen Poonawalla v. UoI and Shakti Vahini v. UoI.

In Poonawalla (supra) the Apex Court had issued comprehensive guidelines to the Union and State Governments regarding prevention of mob violence and lynching. Again, in Kodungallur Film Society (supra), directions were issued to control vandalism by protesting mobs. Directions to prevent, curb and remedy honour killing were passed by the Court in Shakti Vahini (supra).

The Counsels appearing on behalf of the petitioners submitted that it could be gathered from the instances of hate speech and consequent crimes proliferating in the recent times, that the directions passed by the Court have not been complied with by the States and Union Territories. However, the Bench was keen to, first, get an estimate of the nature of compliance with these extensive guidelines by the irrespective State Governments. Stating that the directions in the afore-said three judgments have 'universal application', it told the ASG, Mr. Nataraj -

"...to verify if compliance has been done, you give us the compilation. If they (State Governments/UTs) say they have done it, give it, if they say that they have not, we (State Government/UTs) will do it in a particular time frame, give that also. So that the respective states can be then called upon to do the needful and then individual cases can be taken up."

At the repeated request of the Counsels for the petitioners that information pertaining to compliance with respect to the State Governments where specific incidents have taken place should be placed before the Bench, it permitted them to add a column to the chart to that effect.

Additionally, the Bench, asked the Union Secretary to correspond directly with the State Home Secretaries within three weeks to collect the information so required.

"The Secretaryy (MoH, GoI) may collate necessary info by corresponding directly with Secy of Home Department, State Government within three weeks and compile it in the form of a booklet, state-wise, to be presented to this court within six weeks from today."

It also requested that, upon receiving the communication from the Union Secretary, the concerned Secretaries of the respective States furnish the requisite information within a period of two weeks.

In respect to the individual petitions, the State Governments, Union Territories, Election Commission and Union Government were asked to file responses in three weeks' time and petitioners were asked to file rejoinder within one week thereafter.

Amongst the batch of the petitions that was before the Bench, one was filed at the wake of the incident of anti-Muslim slogans being raised in a rally held at Jantar Mantar, New Delhi seeking to fix accountability on police for not preventing hate speeches in public places. Another sought directions to Centre to examine the international laws relating to 'Hate Speech' and 'Rumor Mongering' and take apposite steps to control the same, particularly amid elections, and to advise the concerned authorities to file appropriate response.

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