Delhi High Court. (File)Stating that mass leaders who occupy high offices must conduct themselves with utmost integrity and responsibility, the Delhi High Court on Monday said hate speeches by elected representatives, political and religious leaders warranted “stringent peremptory action” by the central and state governments.
The court made the observations while dismissing a petition challenging a 2020 trial court order that dismissed CPM leaders Brinda Karat and KM Tiwari’s application seeking an FIR against Union minister Anurag Thakur and BJP MP Parvesh Varma for their alleged hate speeches in connection with anti-CAA protests.
“A shloka from Bhagwad Gita succinctly states: whatever action is performed by a leader, common men follow in his footsteps; and whatever standards he sets by his acts are pursued by his subjects. ‘With great power comes great responsibilities,’ goes another popular quote,” said Justice Chandra Dhari Singh in the order.
The court said that leaders elected in a democracy like India have a responsibility not only towards the electorate in their own constituency but also towards society and the nation as a whole and ultimately to the Constitution.
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“It is they who are the role models for the ordinary masses. Thus, it does not befit or behove the leaders to indulge in acts or speeches that cause rifts amongst communities, create tensions and disrupt the social fabric…,” said the court.
The court said hate speeches, especially by elected representatives, political and religious leaders, based on religion, caste, religion or ethnicity militated against the concept of fraternity, bulldozed the constitutional ethos and violated Articles 14, 15, 19, 21 (read with Article 38) of the Constitution. The hate speeches are a blatant derogation of the fundamental duties, said the court.
The court further said hate speech incited violence and feelings of resentment against members of specific communities, and caused fear and a feeling of insecurity in the minds of members of those communities. Such speeches marginalise individuals based on their membership by using expressions that expose the group to hatred, said the court.
“Hate speeches are almost invariably targeted towards a community to impart a psychological impact on their psyche, creating fear in the process. Hate speeches are the beginning point of attacks against the targeted community that can range from discrimination to ostracism, ghettoization, deportation, and, even to genocide,” said the court.
There have been and there continue to be instances of hate speeches in different parts of the country, the court said. “There have even been instances of demographic shifts in the aftermath of such hate/inflammatory speeches. The exodus of Kashmiri Pandits from the Kashmir valley is a prime example,” it said.
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