New Delhi – The Supreme Court of India on Friday, October 21, 2022, raised concerns regarding a Public Interest Litigation (PIL) that specifically highlighted instances of alleged hate speech primarily attributed to Chief Ministers from the Bharatiya Janata Party (BJP). A bench of Justices K.M. Joseph and Hrishikesh Roy observed that the petition appeared to "target" certain individuals, emphasizing that the issue of hate speech extends across all communities and political spectrums, and no particular group should be singled out.

The apex court underscored the gravity of hate speech, calling it a "vicious circle" and stating that the country's atmosphere is "getting vitiated." While acknowledging the serious nature of hate speech, the bench questioned the selective focus of the petitioner's plea. The justices reiterated their prior stance that the court's role is to ensure that law enforcement takes prompt action against hate speech incidents, regardless of the speaker's identity or affiliation.

Key details from the court's observations and the PIL include:

  • Petitioner's Allegation: The PIL, filed by an individual, sought directions for action against alleged hate speech incidents, specifically naming certain BJP Chief Ministers as speakers.
  • Court's Stance on Bias: Justice Joseph remarked, "This application appears to be targeting one community. There should be no selective targeting." The court conveyed that it must be even-handed in its approach to such a serious societal issue.
  • Broader Context of Hate Speech: The bench stressed that hate speech is a problem prevalent across various groups and communities in India, urging for a non-partisan approach to its redressal.
  • Emphasis on Law Enforcement: The court previously directed police authorities across states and Union Territories to take suo motu (on their own initiative) action against hate speech incidents, even without a formal complaint, in line with existing legal provisions. This directive was reiterated as fundamental to combating hate speech effectively.
  • Concern for National Atmosphere: The court expressed deep concern over the escalating instances of hate speech contributing to a "vitiated atmosphere" in the country.

The Supreme Court had previously issued directives instructing states to register FIRs against hate speech incidents without waiting for formal complaints, and to initiate contempt proceedings against officials who fail to comply. During the hearing, the court further indicated that it plans to evolve a broader mechanism to address hate speech in a comprehensive manner, ensuring impartiality and uniform application of the law. The matter is expected to be taken up again for further consideration, with the court likely to continue monitoring the implementation of its directives and exploring more expansive solutions to this persistent issue.