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The instant plea states that hate speech is outside the realm of protective discourse and has devastating effects on people’s lives and risks their health and safety
The Supreme Court today issued notice to the states of Tamil Nadu, Kerala, Nagaland and Gujarat and West Bengal over the non-appointment of nodal officers as ordered in the judgment of Tehseen Poonawalla vs. Union of India to curb incidents of violence and lynching.
Court was informed today that all other states had appointed nodal officers.
ASG KM Nataraj informed the court today that the Home Secretary had called a meeting of all States and informed about the steps to be taken and the need to filed the compliance report.
"We will issue notice to the States and ask them to inform if nodal officers have been appointed", said a bench of Justices Sanjiv Khanna and SVN Bhatti.
The bench went on to refuse to take up individual cases on the subject before it and listed the matter for February 2024.
In October last year, the Supreme Court had directed the Police authorities in the states of Uttar Pradesh, Uttarakhand and UT of Delhi NCR to take suo moto action against those indulging in hate speeches as provided under the Indian Penal Code.
Notably, in October 2022, Top Court had directed the Police authorities in the states of Uttar Pradesh, Uttarakhand and UT of Delhi NCR to take suo moto action against those indulging in hate speeches as provided under the Indian Penal Code.
Court had also lamented that the statements of hate speech put before it by the petitioners were very disturbing, especially for a country which is a democracy.
Last year, Justice KM Joseph of the Supreme Court while hearing a plea filed by Advocate Ashwini Kumar Upadhyay seeking direction to Centre to come out with "effective and stringent" measures to control hate speech and rumor mongering in the country, remarked that hate speech is complete poison.
Court had further questioned the role of TV Channels that are facilitating such speeches. "Role of TV anchor is very critical. The moment the anchor sees someone trying to say something on the lines of hate speech, he/she should stop them", a division bench also comprising Justice Hrishikesh Roy had opined.
Case Title: Ashwini Upadhyay vs. Union of India
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