SC fiat to three states on hate speech is a double-edged weapon

The Supreme Court empowering the police in Delhi, UP and Uttarakhand to initiate action against loose cannons indulging in hate speech suo motu irrespective of their religion, could end up being a double-edged weapon. Giving the police omnibus powers is fraught with risk as it could lead to unforeseen consequences since the force by default leans towards the party in power. Yet, the bench took the leap of faith, as its earlier advice to the government to consider the Law Commission’s recommendation to frame a new law to tackle the menace did not elicit a satisfactory response.

In September, it had cited the landmark SC guidelines in the Visakha case for dealing with sexual harassment of women at the workplace, to indicate it could do something similar on hate speech. The legal hassle, though, is that hate speech is yet to be properly defined. Besides, there are understandable concerns that an expansive new legislation on the matter could as well end up curbing free speech. 

The bench in its interim order warned it would slap contempt charges against officials who refuse to take action, adding they need not wait for people to file formal complaints to go after the offenders. That strict police action does shut up some peddlers of hate like it did with the arrest of godman Kalicharan in Madhya Pradesh who spewed venom on Gandhiji, is not denied. But let’s remember, it was the Congress-ruled Chhattisgarh government that had ordered his arrest. Instances of police inaction or hyperactivity abound depending on the party in power. In its affidavit on the 2019 northeast Delhi riots, the police found nothing wrong in the fiery speech of a BJP upstart, who allegedly was one of the instigators. Also, recall the UP Police’s hesitation to take action against the prime accused in the Lakhimpur Kheri murders, and the ease with which he got bail because he is the son of a Union minister. He is back in jail only because the SC read the riot act.

The bench on Friday last also demanded an action taken report on all pending complaints of hate speech in the three states. Would the action be taken evenly against all provocative speeches, be it at Dharm Sansads or by politicians of all shades? Or would it mean further demolitions of buildings owned by Muslims alone? We keep our fingers crossed.