Take suo moto action irrespective of the religion: SC tells states on hate speech

The Supreme Court on Friday directed all the states and union territories to ensure that as and when any hate speech is made, they shall take suo moto action for registration of FIR even without any complaints.

"Immediately, as and when any speech or any action takes place which attracts offences such as Section 153A, 153B, 295A and 506 of IPC etc, without any complaint being filed suo motu action be taken to register cases and proceed against the offenders in accordance with law," Live Law quoted the apex court as saying.

The bench, comprised of Justices KM Joseph and BV Nagarathna, further made it clear that "such action be taken irrespective of the religion of the maker of the speech so that the secular character of Bharat as envisaged by the Preamble is preserved."

The court noted that hate speeches are affecting the secular fabric of the country and warned that any delay in filing hate speech cases would be treated as contempt of court.

The top court had earlier directed Delhi, Uttar Pradesh and Uttarakhand governments to come down hard on cases of hate speeches, and register criminal cases against culprits without waiting for a complaint to be filed.

Last month, the SC termed hate speeches as a "vicious circle" and claimed that these utterings were being made by fringe elements which people should restrain themselves from doing so.

The court referred to speeches of former Prime Ministers Jawaharlal Nehru and Atal Bihari Vajpayee, saying people from every nook and corner of the country used to gather to hear them.

"Major problem arises when politicians are mixing politics with religion. The moment politics and religion are segregated, this will end. 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 had said.

The matter will come up for hearing on May 12.