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Hate speech: No legislative vacuum on hate speech; existing criminal law adequately deals with offence: SC
- On Wednesday, the Supreme Court of India refused to issue new hate speech guidelines, ruling that defining crimes and prescribing punishments is the domain of the legislature.
- Justices Vikram Nath and Sandeep Mehta dismissed petitions seeking hate speech guidelines, asserting no legislative vacuum exists and existing criminal laws like the Indian Penal Code already cover such offences.
- The bench clarified that petitioner concerns stem from enforcement deficits rather than legal absence, noting the Bharatiya Nagarik Suraksha Sanhita provides mechanisms for registering FIRs when police fail to act.
- Observing that societal challenges evolve, the Court stated it remains open for the Union and the States to consider further legislative measures or amendments, citing the Law Commission 267 report.
- Constitutional principles prevent the judiciary from creating offences, as the court maintained it cannot step in to frame laws or expand criminal liability through judicial directions.
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LatestlyHate speech: No legislative vacuum on hate speech; existing criminal law adequately deals with offence: SC
The Supreme Court on Wednesday refused to issue any guidelines or directions to curb hate speech across the country, while observing that legislation on hate speech lies in the domain of the legislature and not the courts.
·India
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Total News Sources24
Leaning Left4Leaning Right5Center1Last UpdatedBias Distribution50% Right
Bias Distribution
- 50% of the sources lean Right
50% Right
L 40%
R 50%
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