Existing Laws Cover Hate Speech, No Legislative Vacuum: Supreme Court
New Delhi, 29 April (H.S.): The Supreme Court refused further intervention on petitions seeking action against hate speech, stating adequate laws already exist and no legislative gap warrants judicial overreach. Dismissing contempt petitions, the
Supreme Court (file)


New Delhi, 29 April (H.S.): The Supreme Court refused further intervention on petitions seeking action against hate speech, stating adequate laws already exist and no legislative gap warrants judicial overreach.

Dismissing contempt petitions, the court emphasized law-making falls squarely within the legislature's domain. Constitutional courts interpret laws but cannot compel legislation, it observed, noting hate speech and rumor-mongering directly threaten fraternity and constitutional order. The Centre remains free to consider amendments amid social changes.

Problems arise not from absent laws but poor enforcement, the court said. Bharatiya Nagarik Suraksha Sanhita provides robust mechanisms for criminal prosecution, with magistrates wielding wide supervisory powers. Section 156(3) CrPC orders for investigation precede cognizance, not requiring prior prosecution sanction.

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Hindusthan Samachar / Jun Sarkar


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