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Supreme Court Declines Issuing New Guidelines On Hate Speech: 'Existing Laws Are Adequate'

A bench of Justices Vikram Nath and Sandeep Mehta emphasised that law-making is the responsibility of Parliament, not the judiciary, and there is no legislative gap on hate speech.

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Key points generated by AI, verified by newsroom
  • Supreme Court finds existing laws sufficient for hate speech.
  • Judiciary cannot create new criminal offenses or guidelines.
  • Legislature's role to define crimes and punishments.
  • Enforcement gaps, not legal absence, cause of concern.

The Supreme Court on Wednesday declined to issue fresh guidelines on hate speech, observing that existing criminal laws are sufficient to deal with such offences and that it is not the judiciary’s role to create new legal provisions.

Hearing a batch of petitions seeking directions to curb hate speech, including those linked to religious gatherings and televised content, the court made it clear that there is no legislative vacuum in this area.

Court Stresses Separation of Powers

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta underlined that defining crimes and prescribing punishments falls squarely within the domain of the legislature, reported Live Law.

“The creation of criminal offences and the prescription of punishments lies within the legislative domain,” the court observed, adding that the constitutional framework does not permit the judiciary to expand criminal liability through directions.

The bench noted that, at best, courts can draw the attention of the legislature or executive to the need for reforms, but cannot step in to frame laws.

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Existing Laws Sufficient, Says Court

Rejecting the argument that hate speech is inadequately covered by law, the court said the current legal framework, including provisions under the Indian Penal Code and related statutes, already addresses acts that promote enmity, offend religious sentiments, or disturb public order.

“The contention that the field of hate speech remains legislatively unoccupied is misconceived,” the bench said, asserting that the law is already equipped to tackle such offences.

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Focus on Enforcement, Not New Laws

The court further clarified that concerns raised by petitioners stem from gaps in enforcement rather than the absence of legal provisions.

It pointed out that under existing procedures, police are required to register FIRs in cognisable offences. In cases where FIRs are not filed, complainants have the option to approach senior police officials or a magistrate for redress.

Reiterating its stance, the court said it would not issue any additional directions in the matter.

(With inputs from Nipun Sehgal)

Frequently Asked Questions

Has the Supreme Court issued new guidelines on hate speech?

No, the Supreme Court declined to issue fresh guidelines on hate speech, stating that existing criminal laws are sufficient.

Does the Supreme Court believe there's a legal vacuum regarding hate speech?

No, the court made it clear that there is no legislative vacuum and existing laws already address hate speech.

What is the judiciary's role concerning criminal laws, according to the Supreme Court?

The Supreme Court stated that defining crimes and prescribing punishments is within the legislative domain, not the judiciary's.

Why did the Supreme Court reject the argument that hate speech is inadequately covered by law?

The court believes the current legal framework, including the Indian Penal Code, is already equipped to handle acts that promote enmity or disturb public order.

According to the Supreme Court, what is the real issue concerning hate speech?

The court clarified that concerns about hate speech stem from gaps in enforcement rather than a lack of legal provisions.

About the author Ayesha Fatima

Ayesha Fatima is a Senior Copy Editor at ABP Live English covering politics, national developments and global affairs. She brings clarity, curiosity and a reader-first approach to every piece she writes. She holds a Master’s degree in Convergent Journalism from Jamia Millia Islamia.

For any tips and queries, you can reach out to her at ayeshaf@abpnetwork.com.

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