Hate speech harmful for India, says Delhi HC, rejects plea against BJP leaders | Latest News Delhi

The Delhi High Court on Monday said strict and impeccable action against such statements by the elected representatives and political and religious leaders that hate speech based on religion, caste, region or ethnicity violates fundamental rights and harms India’s constitutional policies.

Justice Chandra Dhari Singh said that the statutory provisions and penal law provide adequate relief to the threat of hate speech and that the executive and civil society must play their part in enforcing the already existing legal regime.

Justice Singh made these observations while dismissing the appeal filed by Communist Party of India (Marxist) leaders Brinda Karat and KM Tiwari, challenging the trial court’s refusal to file a First Information Report against Union Minister Anurag Thakur and Bharatiya Janata Party MP Pravesh Verma. For his hate speech in protest against the new citizenship law in Shaheen Bagh, Delhi in 2020.

“Effective regulation of hate speech is required at all levels and all law enforcement agencies must ensure that the existing law does not issue a dead letter,” the court said. “Salas Republic requires enforcement of provisions that are in consonance with the Suprema Lex (state security is supreme law) proposition.”

The Judge cited the Hindu sacred book Bhagavad Gita that whatever a hero does, the common people will follow in his footsteps and his subjects will follow the standards he sets for them.

“Democratically elected leaders like India have a responsibility not only to their own constituency voters, but also to society and the nation as a whole, and ultimately to the Constitution,” he said.

Despite these observations, the court denied relief to the applicant, saying the investigation required the government’s appropriate permission. He said there is an alternative and effective solution available to the applicant.

The court said the leaders’ hate speeches were against the concept of fraternity. Justice Singh said that the people who hold the top posts should act with utmost honesty and responsibility, as they are a role model for ordinary citizens.

“They are the role model for the general public. Thus, engaging in acts or speeches that create rift among communities, create tensions and undermine social structure is not appropriate or appropriate for leaders, ”the judge said in the 66-page order.

The judge said hate speech triggers feelings of violence and resentment against members of specific communities, causing fear and insecurity. He said such statements would push individuals to the brink of their membership in the group, using expressions that would expose the group to hatred.

An appeal for an FIR has been rejected

Referring to the FIR’s contempt of case against two senior BJP leaders, Justice Singh said the government needed permission to investigate under section 196 of the CRPC.

The legislative intent behind this provision is crystal clear, noting that crimes referred to under section 196, including hate speech, should not be routinely investigated, as this could lead to the thousands of FIRs. Will be registered to settle points against political rivals.

“This is not only gratuitous and procedural abuse, but also suffocating the already overburdened criminal justice machine … Thus, the Legislature has carefully incorporated this two-step process in its intelligence, first, in the form of sanction and secondly, in the form of preliminary investigation, before granting any sanction.”

On August 26, 2021, the trial court dismissed the petitioner’s request to file an FIR because it did not receive the necessary permission from the competent authority, the central government.


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