SC orders states to register FIRs over hate speech even if no complaint is made

The Supreme Court on Friday termed hate speech as a serious offence that can affect the secularism of India. It has also directed states and union territories to register cases over hate speech even in the absence of any formal complaint.

While doing so, the top court extended the scope of its own order of 2022. The comments were made when the Supreme Court was hearing a bunch of cases related to inaction by states to address instances of hate speech.

It warned that delay in registering hate speech cases would result in contempt of court. “We further make 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 bench today said in its order.

The Supreme Court’s order for suo motu registration of FIR in hate speech dated October 2022 was only passed by the UP, Delhi and Uttarakhand governments.

Justices K M Joseph and B V Nagarathna said last month that cases of hate speech “is happening because the State is impotent, State is powerless, State doesn’t act in time,” and will stop “the moment politics and religion are segregated”.

The petitioners in the case have recommended the appointment of a nodal officer for each state. The bench, on the other hand, said one nodal officer should be appointed in each district.

With inputs from agencies

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