Moment politicians stop using religion in politics, hate speeches will go away: Supreme Court

The Supreme Court on Wednesday said the menace of hate speech is a vicious circle which is going on because the State is impotent, powerless and doesn’t act in time.

"Why can't the States develop a mechanism for culling this offence from the society? The idea of fraternity was so much there and we are sorry to say cracks are coming," a bench of Justices K M Joseph and B V Nagarathna said.

The court opined that the moment politics and religion are segregated, the hate speech will stop.

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Taking up a contempt plea by Kerala-based Shaheen Abdullah against the Maharashtra government officers for inability to check hate speeches in a series of events, the bench said, "There must be restraint. Citizens of this country should take a pledge not to vilify other members of the country."

The court also pointed out that the major problem is that politicians make use of religion.

As Solicitor General Tushar Mehta sought to play a video clip related to Kerala incident, the bench said, “This is going on because the State doesn’t act in time. Why do we have the State at all, if it is silent?"

"Why are we shying away," Mehta said, asking the court to look at hate speeches made in Kerala and Tamil Nadu. He said the one related to Kerala is pure hate speech against other religions and it had got nothing to with politics. "This is shocking. It should shock the conscience of this court," he said, adding it said Hindus and Christians should prepare for the last rites.

As the bench said it knew about it, Mehta, on this, quipped the top court should have taken suo motu cognisance of it.

"Leader of DMK party says if you want equality, you should butcher all the Brahmins," he claimed, asking the court to let the petitioner include all other hate speeches instead of being selective.

"This is because the State is impotent," Justice Joseph responded.

On this, Mehta immediately said, "Can't say that about any State but Centre is not. The Centre has banned PFI."

As Mehta insisted for playing the clip of Kerala, the bench said there is a method in doing this.

The court rejected a plea by Additional Solicitor General S V Raju for Maharashtra not to initiate any action in the matter as the state government has taken adequate steps.

The court, however, asked the Maharashtra government to respond to the contempt plea filed for failing to control hate speeches by Hindu organisations despite the orders of the top court, and posted the matter for further hearing to April 28.

During the hearing, the bench said, "If you want to become a superpower, there has to be rule of law and dignity for all citizens."

Expressing anguish, the bench said that all sides are making these statements.

“Where are we going? We had orators like Pandit Jawaharlal Nehru and Atal Bihari Vajpayee. People from rural areas used to come to listen to them. Now, people who have no stuff are making these speeches," the bench said.

The bench further said, “Now fringe elements from all sides are making these statements and we are now going to take contempt of court action against all Indians? Intolerance comes from lack of knowledge and education. How many contempt after contempt we will see. How will Supreme Court deal with all this? Why cannot the citizens of this country take a pledge to not villify others and what kind of pleasure are we deriving?”