The Supreme Court ordered police in all states and UTs to take suo motu action and register cases against those making hate speeches, regardless of their religion, before waiting for a formal complaint. The court described hate speech as a "serious offence" that could affect the secular fabric of the nation.
A bench of Justices KM Joseph and BV Nagarathna clarified to the authorities that any hesitation to act will be viewed as contempt of the top court and that appropriate action will be taken against the erring officers while also expanding the scope of its 2022 order beyond Uttarakhand, UP, Delhi, and Maharashtra.
It stressed that the state governments were duty-bound to act against hate speech and it had to pass the order as no action was being taken to deal with the problem. The bench also asked the parties not to “bring politics” in the hearing.
The claim that police authorities must act regardless of the offender's religion came after the hearing, during which many parties accused one another of employing hate speech.
The SC bench said,“Respondents(states) shall ensure that immediately, as and when any speech or any action takes place which attracts offences such as Sections 153A (promoting enmity between different groups), 153B (assertions prejudicial to national-integration), 505 (statements conducing to public mischief) and 295A (insulting its religion or religious beliefs) of the Indian Penal Code, suo motu action be taken to register cases and proceed against the offenders in accordance with law... We further make it clear that such action be taken irrespective of the religion or maker of the speech, so that the secular character of ‘Bharat’ as envisaged in the Preamble is preserved.”