The Supreme Court of India on Wednesday dismissed a batch of petitions seeking stricter action against hate speech, observing that existing laws are sufficient but are not being properly implemented.
A bench of Justice Vikram Nath and Justice Sandeep Mehta said it was not the role of the judiciary to create new laws on the issue.
“Creation of criminal offences lies squarely within the legislative domain… The concerns don’t arise from law but in implementation,” the bench said while delivering its judgment.
Petitions Sought Action Over Alleged Hate Speeches
The case involved multiple Public Interest Litigations (PILs) filed since 2020, including pleas seeking action against alleged inflammatory speeches made during religious gatherings and political events.
One of the petitions had also sought action against Assam Chief Minister Himanta Biswa Sarma over alleged anti-Muslim remarks.
The petitions also included contempt applications accusing authorities of failing to implement earlier Supreme Court directions on hate speech.
No Fresh Guidelines, Court Reiterates Earlier Orders
The court declined to issue any new guidelines, stating that a proper legal framework already exists to deal with such offences.
It referred to earlier rulings, including those in the Tehseen Poonawalla case and Shakti Vahini case, where directions were issued to curb hate crimes and ensure prompt police action.
In 2023, the court had also directed all states and Union Territories to register FIRs on their own in cases of hate speech, even without waiting for formal complaints.
“No Legislative Vacuum,” Says Court
The bench noted that laws under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) already provide mechanisms to deal with hate speech and related offences.
It stressed that there is “no legislative vacuum” in this area and that the responsibility lies with the executive and law enforcement agencies to ensure proper implementation.
Concern Over Impact on Society
While refusing to intervene further, the court acknowledged that hate speech and rumour-mongering pose a serious threat to social harmony and constitutional values.
It observed that such issues directly affect fraternity and public order, but reiterated that enforcement—not new laws—is the key challenge.
