{"id":158880,"date":"2022-01-06T19:20:29","date_gmt":"2022-01-06T13:50:29","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=158880"},"modified":"2022-01-06T19:20:29","modified_gmt":"2022-01-06T13:50:29","slug":"supreme-court-must-ensure-hate-speech-guilty-are-punished","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/supreme-court-must-ensure-hate-speech-guilty-are-punished\/","title":{"rendered":"Supreme court must ensure hate speech guilty are punished"},"content":{"rendered":"\n

News: <\/span><\/b>Recently, some <\/span>hate speech incidents<\/span><\/b> have taken place in Uttarakhand and Delhi.<\/span>\u00a0<\/span><\/p>\n

Here the speakers have given<\/span> Speakers made statements about\u00a0killing Muslims to make a Hindu Rashtra, shooting\u00a0a former prime minister\u00a0and calling upon the police, leaders and the army to take up arms to indulge in ethnic cleansing<\/span>. <\/span>\u00a0<\/span><\/p>\n

Although the <\/span>government has constituted an SIT<\/span><\/b> to look into the matter, there is need for <\/span>more concrete actions<\/span><\/b> in such which <\/span>atters of this grave importance.<\/span>\u00a0<\/span><\/p>\n

These<\/span> can have <\/span>serious implications for peace and stability<\/span><\/b> in the country.<\/span>\u00a0<\/span><\/p>\n

What has been the Supreme Court’s views on hate speech?<\/span><\/b>\u00a0<\/span><\/h5>\n

Incidents like these involving the question of t<\/span>he rule of law,<\/span><\/b> which is part of the <\/span>basic structure<\/span><\/b> of the Constitution. <\/span>\u00a0<\/span><\/p>\n

SC in <\/span>Pravasi Bhalai Sangathan v. Union of India<\/span><\/b> had defined \u201c<\/span>hate speech<\/span><\/b>\u201d as \u201can <\/span>effort to marginalise individuals<\/span><\/b> based on their membership in a group.\u201d<\/span>\u00a0<\/span><\/p>\n

It further said, \u201cHate speech lays the groundwork for later, broad attacks on the vulnerable that can range from <\/em><\/span>discrimination to ostracism, segregation, deportation, violence and, in the most extreme cases, to genocide.<\/em>\u201d<\/span><\/b> \u00a0<\/span><\/p>\n

The court observed that: \u201cThe root of the problem is <\/em><\/span>not the absence of laws but<\/b> rather a lack of their effective execution<\/b><\/em>.\u201d<\/span>\u00a0<\/span><\/p>\n

How is Article 21 relevant to the current issue?<\/span><\/b>\u00a0<\/span><\/h5>\n

All citizens in India are guaranteed their right to life and personal liberty. Issuing threatening statements against anyone or any specific community is a clear violation of this right enshrined under Article 21.<\/span>\u00a0<\/span><\/p>\n

Right to life and personal liberty (Article 21): <\/span><\/b>Constitution of India affords all citizens equal rights. <\/span>\u00a0<\/span><\/p>\n

SC has held that Article 21 must be interpreted in conformity with <\/span>international law<\/span><\/b>, as <\/span>India is a signatory to the International Covenant on Civil and Political Rights, 1966<\/a><\/span><\/span><\/b>.<\/a><\/span><\/p>\n

The state therefore has an absolute obligation to ensure that this right is <\/span>not just preserved but protected<\/span><\/b>.<\/span>\u00a0<\/span><\/p>\n

What are different views on the values of fraternity and equal rights?<\/span><\/b>\u00a0<\/span><\/h5>\n

Sardar Vallabhbhai Patel<\/span><\/b>\u00a0<\/span>had stated in 1949 that <\/span>\u201c<\/b>It would be in the interest of all to forget that there is anything like majority or minority in this country and that in India there is only one community.\u201d <\/b>\u00a0<\/em><\/p>\n

Constitutional framers had advisedly incorporated <\/span>\u201cfraternity\u201d as one of the goals in the\u00a0<\/span><\/b>Preamble.<\/span><\/b> \u00a0<\/span><\/p>\n

B R Ambedkar<\/span><\/b>, had stated in the Constituent Assembly that: \u201c<\/span>Fraternity is the principle which gives unity and solidarity to social life.\u201d<\/b> \u201cIf we continue to deny it for long, we will do so only by putting our <\/em>political democracy in peril<\/em>.\u201d<\/span><\/b>\u00a0<\/span><\/p>\n

In <\/span>I R Coelho v. State of Tamil Nadu<\/span><\/b> the Supreme Court itself held that \u201cOver the years, the jurisprudence and development around <\/em><\/span>fundamental rights<\/b> have made it clear that they are not limited, narrow rights but provide a broad check against the violations or excesses by the State authorities\u201d.<\/b>\u00a0<\/em><\/p>\n

What is the way forward?<\/span><\/b>\u00a0<\/span><\/h5>\n

Whenever there is an indication that rights of citizens or any section of it are compromised then <\/span>Supreme court must step in<\/span><\/b> as it is <\/span>the real custodian of the fundamental rights of citizens and their ultimate protector.<\/span><\/b> \u00a0<\/span><\/p>\n

Source: <\/span><\/b>This post is based on the article \u201c<\/strong><\/span>Supreme court must ensure hate speech guilty are punished\u201d\u00a0<\/span><\/b>published in\u00a0The Indian express<\/strong>\u00a0on<\/span> 6<\/span><\/b>th<\/span><\/b><\/sup> Jan 2022<\/span><\/b>.\u00a0<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

News: Recently, some hate speech incidents have taken place in Uttarakhand and Delhi.\u00a0 Here the speakers have given Speakers made statements about\u00a0killing Muslims to make a Hindu Rashtra, shooting\u00a0a former prime minister\u00a0and calling upon the police, leaders and the army to take up arms to indulge in ethnic cleansing. \u00a0 Although the government has constituted… Continue reading Supreme court must ensure hate speech guilty are punished<\/span><\/a><\/p>\n","protected":false},"author":10328,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500],"class_list":["post-158880","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704901499},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/158880","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10328"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=158880"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/158880\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=158880"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=158880"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=158880"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}