Supreme Court Targets Hate Speech with New Mechanism

The Supreme Court plans to establish an administrative framework to combat hate speech nationwide, avoiding individual case overload.

Supreme Court of India

New Delhi (Agency): In a pivotal move, the Supreme Court of India announced its intention to develop an administrative machinery to effectively address the burgeoning issue of hate speeches across the country. This announcement marks a significant shift in the judiciary’s approach to tackling a pervasive and complex problem. The Court’s decision reflects a recognition of the need for a systemic and scalable solution, rather than handling individual cases, which could overwhelm the judicial process.

A bench comprising Justices Sanjiv Khanna and SVN Bhatti acknowledged the court’s role in defining hate speech but emphasized the challenge now lies in implementing these definitions and the court’s directives. The justices expressed, “We can’t deal with individual aspects. If we start dealing with individual cases, it will lead to flooding of cases. We want to put infrastructure or administrative machinery in place.”

The Supreme Court’s approach aims to balance judicial intervention with administrative efficiency. The bench highlighted that while India, with its vast diversity, will inevitably face such issues, the focus should be on whether adequate administrative mechanisms exist to act where necessary. The court stressed the importance of societal awareness, stating, “Society must know that if you indulge in it then there will be some state action.”

Additionally, the Supreme Court has issued notices to Tamil Nadu, Kerala, Nagaland, and Gujarat over the non-appointment of nodal officers to tackle hate speech. This step underscores the court’s commitment to ensuring that states are actively engaged in curbing hate speech.

This development follows the top court’s directive last year to Uttar Pradesh, Delhi, and Uttarakhand to clamp down on hate speech, emphasizing the country’s secular foundations. The court had underscored the complexity in defining hate speech but pointed out that the real challenge lies in the execution of laws and judicial pronouncements.

The Supreme Court’s decision is a significant step towards creating a more proactive and efficient system for addressing hate speech in India. By shifting focus to administrative mechanisms, the judiciary is acknowledging the need for a more systematic approach that can adapt to the scale of this national challenge. This move not only aims to curb the spread of hate speech but also reinforces the principle of secularism enshrined in the Indian Constitution.

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