A bench comprising Supreme Court Justices K.M. Joseph and B.V. Nagarathna has strong opinions on the state’s responsibility to take action against incidences of hate speech.
LiveLaw detailed the session, during which the bench considered a petition seeking contempt of court proceedings against the Maharashtra government for its claimed refusal to act against hate speech during rallies. The petitions contended that the state administration was disregarding Supreme Court directives regarding Sakal Hindu Samaj processions. This Supreme Court majority also instructed authorities to take appropriate action against hate speech proponents without waiting for a formal complaint to be made.
The following are excerpts from LiveLaw’s account of the hearing that highlight some of the most memorable statements by Justices Joseph and Nagarathna.
Regarding the function of the state, Justice Joseph writes:
“The state is helpless; it does not respond in a timely manner. Why do we even have a State if it remains silent? ”.
Regarding minority groups, Justice Joseph:
“Under the Constitution, minorities too have rights recognized by the founding fathers…The most essential thing for a man is dignity; not riches or health.” If it is regularly dismantled, other remarks are made, such as “Go to Pakistan.” Those are the individuals that genuinely picked this nation. They are like our brothers and sisters…The first thing we need to become a superpower is rule of law…It speaks to brotherhood.”
On the role of contempt petitions in circumstances of hate speech, Judge Nagarathna states:
“We had orators like Nehru, Vajpayee. People from remote places would go to hear them. Regrettably, people with no possessions, fringe elements on every slide, are making such speeches…Now we’re going to engage in contempt after contempt against every individual in India. Will there be no form of moderation in the words of the Indian populace? ”
On the role of contempt in this case over hate speech, Judge Nagarathna stated:
“The disdain is required. It should not be communicated that we have passed an order that can be specified. Our directives must be carried out.”
On India’s future, Judge Nagarathna said:
“We want to be number one in the world, and this is what we have internally in our society…If there is intellectual depravity, you cannot consider our nation to be number one in the world, because intellectual depravity arises from bigotry, ignorance, and lack of education.”
On the role of citizens, Judge Nagarathna wrote:
“Why can’t the inhabitants of our country take an oath not to defame other members of our society? What are the benefits of defaming another person? ”
Regarding the function of the state, Justice Joseph writes:
“In addition to registering FIR, you must take other action.”
Regarding ways to halt this, Justice Joseph states:
“As soon as politics and religion are separated, all of this will cease.”