Editor,
It is most refreshing and reassuring to note that at least in my lifetime, for the first time, none other than the Supreme Court of India has taken strong exception to some of the most vitriolic hate speeches which some of our political and religious leaders have made the “order of the day.” Such speeches are bound to spread hatred among people following different religions as we have observed since the last several years. Those making hate speeches have repeated their acts with impunity yet roam free and are totally unaccountable, unchecked, unhindered and unpunished as if it was a basic fundamental right guaranteed to them by our Constitution! It is because of such leaders that the seeds of communalism are sinking deep and we are going to reap the harvest if they are not prosecuted.
They very conveniently choose to gloss over the age old time-tested dictum, “United we stand, divided we fall”! They also gloss over what Dean Swift had once very famously stated, “We have just enough religion to make us hate one another but not enough to make us love one another.”
In the fitness of things we see that the Supreme Court of India in its most laudable judgment titled Shaheen Abdulla vs Union of India & Ors in Writ Petition(s)(Civil) No.940/2022 delivered as recently as on October 21, 2022 has made it abundantly clear that there cannot be fraternity unless members from different religions/castes are able to co-exist harmoniously. The root cause of all problems is dirty politics.
India was divided in 1947 only because of divisive politics encouraged by the British whose favourite slogan was, “Divide and Rule” as they never favoured a united India. Now it is politicians who never want India to stay united and pick up one cause or the other to boost their own narrow vested political interests at the cost of our national interests.
It’s a national tragedy that these very politicians who swear to protect national unity have no compunction in raking up controversial issues and delivering hate speeches. They seem elated when big business tycoons like Vijay Mallya, Nirav Modi among many others very conveniently siphon of lakhs of crores of rupees in connivance with such powerful politicians. Now these billionaires are comfortably settled in the UK which had split India in 1947 and are leading a luxurious life there with court cases dragging on for decades.
The key issue in this brief, brilliant, bold and balanced judgment authored by the SC Bench of Justices KM Joseph and Hrishikesh Roy is that it is a landmark judgment. The case for the petitioner was taken up by Kapil Sibal whose impeccable reputation we all know. He has completed 50 years of distinguished practice in the Supreme Court with distinction and was also the former Union Law Minister of India! Even his worst critics take him seriously!
The Apex Court bench states that, “The complaint which has been raised in the instant writ petition appears to be very serious. It relates to the growing climate of hate in the country. This is attributable according to the petitioner to an unending flow of what is described as hate speeches being made by various persons against the Muslim community. The instances are chronicled, though in an abridged form, in the writ petition. The complaint of the petitioner is one of despondency and angst arising from the perception that despite suitable provisions in penal law being available, there is inaction or rather total inaction.”
What is significant is what is pointed out by the judges that, “The Constitution of India envisages Bharat as a secular nation and fraternity assuring the dignity of the individual and unity and the integrity of the country is the guiding principle enshrined in the Preamble. There cannot be fraternity unless members of community drawn from different religions or castes of the country are not able to live in harmony. The petitioner points out that there are appropriate provisions such as Sections 153A, 153B, 505, and 295A of the Indian Penal Code. He voices his concern that no action has been taken even after this Court has been approached in the matter and the transgressions have only increased.”
Equally significant is what forms the cornerstone of this learned judgment – “We feel that this Court is charged with the duty to protect the fundamental rights and also preserve the constitutional values and the secular democratic character of the nation and in particular, the rule of law.” If courts don’t speak up then who else will? If courts shut their eyes then who will control these hate speeches and those who deliver such hate speeches will roam free and be at large without any fear of being prosecuted and due to this others too will be abetted to follow the same course!
The Bench gives interim directions to the Commissioner of Police, New Delhi, Director General of Police Uttarakhand and Director General of Police, Uttar Pradesh to file a report as to what action has been taken in regard to such acts as are the subject matter of this writ petition within their jurisdiction.
Most commendably, the Bench then minces no words to make it indubitably clear that the respective respondents (police officers) are to ensure that immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC etc., suo moto action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law. Police officials who are respondents in this case will have to issue direction(s) to their subordinates to take appropriate action as per law in law at the earliest.
The Bench further hastens to add that, “We make it clear that any hesitation to act in accordance with this direction will be viewed as contempt of this Court and appropriate action will be taken against the erring officers.”
Last but not the least, the Bench concludes by stating, in the final para, “We further make it clear that such action will be taken irrespective of the religion that the maker of the speech or the person who commits such act belongs to, so that the secular character of Bharat as is envisaged by the Preamble, is preserved and protected.”
To conclude, I fall short of words to express my deepest satisfaction on going through the best judgment I have ever read in my life! It is short but enough to convey the real intent! The bottom-line of this notable judgment is that there must be zero tolerance for all those who dare to indulge in hate speech and they must be promptly arrested by police by taking suo motu action without waiting for any complaint as is the modus operandi adopted by police in such cases. It certainly merits no reiteration that this hogwash must stop once and for all as directed so very commendably, cogently and convincingly by the Apex Court in this leading case!
Yours etc.,
Sanjeev Sirohi (Advocate)
Via email