This Article is From Mar 12, 2014

Can parties be punished for hate speeches? Supreme Court asks Law Commission

Can parties be punished for hate speeches? Supreme Court asks Law Commission
New Delhi: In the middle of the campaign for India's most fiercely fought national election in recent times, the Supreme Court today asked the government's legal experts to define what constitutes "hate speech" and whether political parties can be derecognised for provocative statements.

While referring the question of hate speeches to the Law Commission, the Supreme Court refused to go into it for the second time this month. Today's hearing was on a petition by an NGO.

On March 3, on a different petition, the top court had said it will not intervene to stop politicians from delivering hate speeches as crores of people meant crores of opinions.

"We are a country of 128 crore people and there may be 128 crore views. This is the maturity of a democracy. For a person making such a speech, it may not be a hate speech," said the judges who heard the case.

Their verdict was based on a Public Interest Litigation or PIL by advocate ML Sharma, which said the top court should instruct the Election Commission to stop politicians from making hate speeches and "flash promises" designed to influence voters.

"Let all shades of opinion come before the public. Let them decide," said the judges.

They underscored that an order from them on hate speeches would amount to an infringement of the right to free speech.

The Election Commission had earlier told the court that there are provisions in law for governments to take action against hate speeches.
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