"Common Enemy Of All Religions Is Hatred": Supreme Court On Hate Speech

Not all speech is hate speech and it has to be decided which statements or speeches come under that definition, the Supreme Court said today while hearing a petition demanding action in cases of hate speech.

A two-judge bench of Justices KM Joseph and BV Nagarathna said two days ago, they had put a freeze on the proceedings against Delhi Chief Minister Arvind Kejriwal in a case filed in 2014. During an election campaign, Mr Kejriwal had apparently said "Those who believe in Khuda will not be pardoned by Khuda if they vote for the BJP".

Citing the case, the judges said, "Not everything said amounts to hate speech". The court should exercise caution as there is no definition of hate speech and has to rely on allied provisions of the Indian Penal Code for its interpretation.   

The petition, filed on behalf of one Shaheen Abdullah, said at a recent programme held in Haryana's Mewat, thousands of Bajrang Dal members took a pledge to use "Trishul" to protect their religion.
A similar event was organised in Pataudi, around 25 km away.

The petition said speeches inciting people against Muslims were delivered at these programmes, which is a threat to the unity and integrity of the country. Despite this, the Haryana Police did not take any action against the speakers and organisers, the petition said.

The court said it would also hear a petition by the right-wing group Hindu Front for justice, which wanted action against Muslims and Christians who are allegedly giving hate speeches against Hindus. All petitions, taken together, will be heard on March 21, the court said.

"Our civilisation, our knowledge is eternal and we should not belittle it by indulging in hate speech... The common enemy of all religions is hatred... Remove hate from the mind and you will see the difference," Justice Joseph said.