‘Remove Hate From The Mind, Don't Belittle Our Great Civilization : Supreme Court

In a batch of petitions seeking directions to regulate hate speech, the Supreme Court, on Monday, indicated that not everything said would amount to hate speech. The invocation of Section 153A would largely depend on the interpretation of the provision by the Supreme Court.

In this regard, a Bench comprising Justice K.M. Joseph and Justice B.V. Nagarathna referred to its recent direction to stay proceedings against Delhi CM, Arvind Kejriwal.

“Two days back we stayed proceedings against Arvind Kejriwal. He brought a list of decisions as to what is S. 153A. Not everything said amounts to hate speech.”

Last Friday, the Supreme Court stayed the trial proceedings in a 2014 case 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.

During the course of the hearing, on Monday, Justice Joseph noted that our civilisation, our knowledge is eternal and we shouldn’t belittle it by indulging in hate speech.

At the outset the Solicitor General of India, Mr. Tushar Mehta submitted that two applications have been filed in the matter with respect to allegations of hate speech in some rallies. He apprised the Bench that he was served copies of the application a day prior to the hearing and would need some time to take instructions.

As Advocate, Mr. Nizam Pasha, appearing for the applicant emphasised that there were instances of hate speech in the rallies, Justice Joseph reminded him that the Court ought to exercise caution as there is no definition of hate speech. It has to rely on allied provisions in the Indian Penal Code in this regard. 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.

“List all the applications, till the time there is a common enemy, i.e., hate. Remove hate from the mind and see the difference", Justice Joseph said.

[Case Title: Ashwini Kumar Upadhyay v. UoI And Ors. WP(C) No. 943/2021]