Supreme Court Says No New Hate Speech Guidelines Needed, Calls Existing Laws Sufficient

The Supreme Court of India on Wednesday chose not to step in with fresh directions on hate speech, saying the country’s existing criminal laws are already sufficient to deal with such offences if implemented properly.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta dismissed a group of petitions that had asked the court to lay down new guidelines to curb communal and provocative speeches. These petitions were linked to issues raised around narratives like “Corona Jihad”, “UPSC Jihad”, and speeches made at certain religious gatherings.

The court made it clear that creating new criminal offences or deciding punishments is the job of Parliament and state legislatures, not the judiciary. It observed that while courts can interpret laws and ensure that fundamental rights are protected, they cannot step into the role of lawmakers or force governments to bring new laws.

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At the same time, the Bench did not agree with the argument that current laws are inadequate. It pointed out that provisions already exist under criminal law to deal with acts that promote enmity between communities, hurt religious sentiments, or disturb public peace. According to the court, the real issue is not the absence of law but how effectively those laws are enforced on the ground.

The judges also reminded that there are clear remedies available if the police fail to act. If an FIR is not registered despite a cognisable offence, a person can approach senior police officials or move the magistrate, or even file a private complaint. The court stressed that registering an FIR in such cases is not optional but mandatory.

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While refusing to introduce new guidelines, the Bench acknowledged that hate speech and the spread of rumours are serious concerns that affect social harmony and the constitutional fabric of the country. It said both the Centre and state governments are free to examine whether new legal measures are needed in the future, including suggestions made earlier by the Law Commission.

The case has its roots in petitions filed since 2020, where concerns were raised about the spread of communal content through media platforms and public speeches.

Disclaimer - With Inputs from IANS