HATE SPEECH NOT EQUAL TO FALSE CLAIMS OR WRONG ASSERTIONS RULED BY SC

by | Nov 15, 2024

Headline

The Supreme Court of India rejects the PIL seeking guidelines on ‘Provocative Speech’ of political leaders.

Summary

The Supreme Court of India rejected a PIL filed by Hindu Sena Samiti, asking for guidelines to control provocative speeches by political leaders. The Supreme Court showed that the offenses relating to hate speech cannot be equated with false claims or wrong assertions made by individuals.

Key Facts

  • Case Name: Hindu Sena Samiti & Anr. vs. Union of India & Ors., W.P.(Crl.) No. 437/2024.
  • Name of Judges : Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar.
  • The PIL  stated statements made by the Congress MLA Sajjan Singh Verma and BKU spokesperson Rakesh Tikait.
  • The Supreme Court of India referenced the case of ‘Shaheen Abdullah v. Union of India’, where it ordered suo motu action against hate speech, extending this directive in the case of ‘Ashwini Kumar Upadhyay v. Union of India’.

Legal Insights

The bench shed light that hate speech is different from general false claims. It abstained from imposing new guidelines, stating ongoing judicial scrutiny of hate speech regulations.

Impact

The ruling of the Supreme Court showcases a strict distinction in law between hate speech and incorrect statements, with hate speech requiring specific legal criteria.

Why It Matters

The decision showcases the  judicial border line, by making sure that existing hate speech laws aren’t diluted by broader interpretations that could suppress free expression in political discourse.

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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