The Supreme Court on Wednesday declined to frame new guidelines to curb hate speech, saying the existing criminal law framework is adequate to deal with such offences. A Bench led by Justice Vikram Nath, with Justice Sandeep Mehta, dismissed a batch of petitions seeking further judicial intervention into communal hate speeches, including cases tied to alleged “Corona Jihad” campaigns, “UPSC Jihad” broadcasts and inflammatory addresses at religious gatherings.
The Court underlined that creating criminal offences and prescribing punishments is the exclusive domain of the legislature and that constitutional courts cannot compel Parliament or state assemblies to enact new laws. “While constitutional courts may interpret the law and issue directions to secure the enforcement of fundamental rights, they cannot legislate or compel legislation,” the Justice Nath-led Bench observed, adding that courts can at best draw attention to the need for reform while leaving the decision to legislate to elected bodies.
Rejecting the contention that current law leaves a gap on hate speech, the Bench said substantive criminal provisions — notably in the Indian Penal Code — already cover acts that promote enmity, outrage religious sentiments and disturb public tranquillity. “The field is therefore not unoccupied,” the Court said, stressing that the primary issue is effective enforcement rather than the absence of legal provisions.
The judgment listed remedies available under procedural law, including the Code of Criminal Procedure (CrPC) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Court reiterated that registration of an FIR (First Information Report) upon disclosure of a cognisable offence is mandatory and noted statutory routes for victims where police do not act.
If the police fail to register an FIR, aggrieved persons may approach the Superintendent of Police under Section 154(3) CrPC or Section 173(4) BNSS, the Court said. They can then seek recourse before the jurisdictional magistrate under Section 156(3) CrPC or Section 175 BNSS, or pursue a private complaint.
While refusing to issue additional directions, the Bench acknowledged the serious impact of hate speech and rumour-mongering on social harmony and constitutional order. “We deem it appropriate to observe that issues relating to hate speech and rumour mongering bear directly upon the preservation of fraternity, dignity and constitutional order,” the Court said.
The Supreme Court also noted that the Union and state governments remain free to consider further legislative interventions, including recommendations from the Law Commission’s 267th Report of 2017. The judgment resolves petitions that trace back to 2020, when multiple pleas were filed alleging the spread of communal narratives through broadcast media, social platforms and public religious assemblies, and frames the debate around enforcement rather than new criminalisation.
Original Source: https://www.morungexpress.com/sc-declines-fresh-guidelines-on-hate-speech-says-existing-criminal-law-framework-adequate
Category: India
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Publish Date: 2026-04-29 12:25:00
