“The most important thing for a man is dignity. If your dignity is being demolished on a regular basis by things that are said… Someone says ‘Go to Pakistan’… These are people who chose to stay here. They are our brothers and sisters…” remarked Justice Joseph.
AMN / WEB DESK
The Supreme Court on Wednesday made some strong observations as it heard a contempt plea seeking directions to regulate hate speech. A bench of Justice KM Joseph and Justice BV Nagarathna noted that hate speech is a vicious circle and the state governments have become ‘impotent’ and do not act in time.
Hate speeches will end the moment politics and religion are segregated, the bench observed. “When politicians stop using religion, all this will stop. We have said in our recent verdict also that mixing politics with religion is dangerous for democracy,” Justice Joseph said.
“These keep happening because politicians keep playing such games. Don’t use religion in politics. The moment politics and religion are separated it will end,” remarked justice KM Joseph. Justice BV Nagarathna also expressed deep anguish at the continuing instances of hate speeches brought before the court.
“We want to know what the state will do to curb it?,” asked Justice Nagarathna.
“It’s happening because the state is impotent. It’s not doing anything… Why do we have a state where the state is silent when all this is happening?” shot back justice Joseph after the SG’s argument.
“Your right to hold a procession is different from what is said or done in the procession,” said Justice Nagarathna, even as a lawyer appearing for the Sakal Hindu Samaj argued that the petition before the bench was trying to curb their “religious practice”.
“Why can’t the citizens of this country take a pledge not to vilify others? What benefit do you get by vilifying others?” asked Justice Nagarathna.
The remarks came as the court heard a plea seeking contempt of court action against Maharashtra’s police and administration for failing to take action against several instances of hate speeches and calls for violence against minorities during public speeches, including speeches by sitting MLAs.
The contempt petitioner, an activist from Kerala, pointed out speeches made by a sitting Maharashtra MLA as well as others during a series of processions and public meetings. The plea also highlighted that no action has been taken so far against those involved.
The Solicitor General of India, Tushar Mehta, and Additional Solicitor General, SV Raju, on the other hand, questioned the “credibility” of the petitioner.
“This will stop when such spirited PIL petitioners are made responsible, and instead of flagging issues from one state and one religion, you bring all the issues,” Mehta argued. “These petitions are selective,” he said, adding that the petitioner should incorporate other examples of hate speeches, including those by Muslim leaders from Kerala, in his petition.
“The most important thing for a man is dignity. If your dignity is being demolished on a regular basis by things that are said… Someone says ‘Go to Pakistan’… These are people who chose to stay here. They are our brothers and sisters…” remarked Justice Joseph.
The SG, however, objected and said: “Such statements would give the wrong impression that such things are justified as a reaction.” He asked the court not to make such statements.
“We want to know what the state will do to curb it?,” asked Justice Nagarathna.
“It’s happening because the state is impotent. It’s not doing anything… Why do we have a state where the state is silent when all this is happening?” shot back justice Joseph after the SG’s argument.
“This is a country which gives light to the whole world with its multicultural legacy… We have been handed down a cultural legacy, a practice… one is tolerance,” said Justice Joseph and remarked that the court’s order was “clear that if anyone made such speeches the law should come down on them like a ton of bricks”.
The court asked the Maharashtra government to respond to the contempt plea, and said it will hear the matter on April 28.