SC refuses to entertain PIL seeking implementation of Law Commission's report on hate speech

The Supreme Court on Friday refused to entertain the public interest litigation (PIL) filed by BJP leader and lawyer Ashwini Upadhyay seeking immediate direction to Centre to implement Law Commission's report on hate speech.

A division bench of Justices Arun Mishra and Indira Banerjee refused the plea and asked the petitioner to file an intervention application in the matter related to hate speech, which is pending before a Constitution Bench of the apex court.

The apex court also allowed the petitioner to intervene in the case related to alleged hate speech by Samajwadi Party MP Azam Khan over a gangrape in Bulandshahar. In that case, the top court is examining whether a person holding public office should be barred from expressing their opinion in criminal cases being probed by the police.

The Law Commission had prepared the report in 2017 on the direction of the Supreme Court.

Upadhyay had on February 27 filed the PIL in Supreme Court seeking its immediate direction to implement the Law Commission's report on alleged hate and inflammatory speech.

In 2017, the Law Commission defined hate and inflammatory speech and suggested the addition of Section 153-C and 505-A of the Indian Penal Code (IPC) and Criminal Procedure Code (CrPC), on the direction of Supreme Court.

The cause of action accrued on March 23, 2017, and subsequent dates, when Law Commission of India submitted its Report No 267 to curtail hate speech. But, governments did nothing to implement the recommendations to date, the plea stated.

It further mentioned that the injury caused to the public is large because hate speech severely affects fraternity, the dignity of individual, unity and national integration. Hate speech has the potential of provoking individuals and society to commit acts of terrorism, genocides, ethnic cleansing, etc.

"Offensive speech has real and devastating effects on people's lives and risks their health and safety. It is harmful and divisive for communities and hampers social progress. Hate speech also offends fundamental rights guaranteed under Article 19 and 21," the plea stated.