‘No additional directions on hate speech’: SC says existing law adequate, issue lies in implementation

The Supreme Court on Wednesday declined to issue any further directions to curb hate speech across the country, holding that the existing legal framework provides sufficient mechanisms to deal with such offences and that the real concern lies in enforcement rather than absence of law.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta, while dismissing a batch of petitions seeking additional safeguards, observed that there was no legislative vacuum in addressing hate speech. The Court noted that the statutory scheme under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 offers a comprehensive process for setting criminal law in motion.

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Emphasising that the field is already occupied, the Bench said remedies are available at multiple levels. It pointed out that in cases where police fail to register FIRs as mandated by the Supreme Court by its November 12, 2013, Lalita Kumari judgment, an aggrieved person can approach senior police officials and thereafter seek recourse before a magistrate. The Court highlighted that the supervisory jurisdiction of a magistrate under Section 156(3) of the CrPC, now reflected in Section 175(3) of the BNSS, is wide and can be invoked to ensure proper investigation.

The Bench underlined that the issue does not stem from inadequacy of legal provisions but from their implementation on the ground. It reiterated that the creation of criminal offences falls within the legislative domain, and courts cannot direct Parliament or State legislatures to enact new laws. At best, courts may draw attention to the need for reform, but the decision to legislate rests with the elected bodies.

At the same time, the Court acknowledged the seriousness of the issue, noting that “We deem it appropriate to observe that issues relating to hate speech and rumour mongering bear directly upon the preservation of fraternity, dignity and constitutional order.”

The judgment came in a batch of petitions, including contempt pleas alleging non-compliance with earlier directions issued by the Court in 2022. At that time, the Court had directed States and Union Territories to act proactively against hate speech by registering cases suo motu, without waiting for formal complaints.

Tracing the background, the Court noted that the proceedings originated from multiple petitions filed since 2020 raising concerns over communal narratives in media and speeches delivered at public and religious gatherings. These included challenges to televised content and allegations of hate speech at events such as religious congregations.