Register FIRs against hate speech even in absence of complaints, Supreme Court directs States

Source: The post is based on the article “Register FIRs against hate speech even in absence of complaints, Supreme Court directs States” published in The Hindu on 29th April 2023

What is the News?

The Supreme Court has directed all States to suo motu register FIRs on hate speech incidents and proceed against offenders without waiting for someone to lodge a complaint.

What was the case about?

A petition was filed in the Supreme Court seeking direction to all States to register cases against those delivering hate speeches.

What did the Supreme Court rule?

The Supreme Court has directed all states and Union Territories to register cases against those making hate speeches even if no complaint has been made.

The court said any hesitation to act in accordance with this direction will be viewed as contempt of court and appropriate action shall be taken against the erring officers.

The court even highlighted the specific penal provisions under which hate speech offenders ought to be booked. 

They are Sections 153A (promoting enmity between different groups on the ground of religion), 153B (imputations, assertions prejudicial to national integration), 505 (public mischief), and 295A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code (IPC).