Supreme Court junks plea seeking new legislation for hate speech

Dismissing a petition filed by advocate Ashwini Kumar Upadhyay seeking separate offences for hate speech and rumour-mongering, a bench of justices Vikram Nath and Sandeep Mehta said: “In a constitutional democracy, public discourse carries with it a corresponding duty of restraint and responsibility. Individuals, public figures, and institutions alike must remain mindful that words have consequences, particularly in a society as diverse as ours.”

The court held that existing penal laws adequately address hate speech and described the petition as “misconceived” in assuming that the field of hate speech remains “legislatively unoccupied”.

At the same time, the bench said it would be open to the Union of India and competent legislative authorities to consider whether further legal or policy measures were needed in light of evolving societal challenges. It also asked the Centre and states to consider suitable amendments suggested by the Law Commission in its March 2017 report on hate speech.