Thiruvananthapuram: V.S. Achuthanandan, one of India's most respected communist leaders and a towering presence in Kerala politics for over eight decades, passed away on Monday at the age of 101. He had been bedridden in recent years due to prolonged illness.
Velikkakathu Sankaran Achuthanandan, popularly known as VS, served as the Chief Minister of Kerala from 2006 to 2011 and remained a central figure in the Communist Party of India (Marxist) [CPM] for decades. His tenure as Leader of the Opposition in the Kerala Legislative Assembly spanned 15 years, the longest in the state's history.
Achuthanandan began his political journey in 1939 through the State Congress and trade union activism. He officially joined the Communist Party in 1940 and was instrumental in mobilising coir workers, toddy tappers, and agricultural labourers. His efforts led to the founding of the Travancore Karshaka Thozhilali Union, which later evolved into the Kerala State Karshaka Thozhilali Union (KSKTU).
A Politburo member from 1985 to 2009, he was later moved to the party's Central Committee. VS played a vital role in several landmark struggles, including the Punnapra-Vayalar uprising of 1946, a defining moment in Kerala’s pre-independence labour movement. His life was marked by immense personal sacrifice: he spent over five years in prison and remained underground for nearly four and a half years during periods of intense political repression.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
New Delhi: The Supreme Court of India on Wednesday refused to issue additional directions to curb hate speech across the country, holding that the existing legal framework is sufficient and that the real issue lies in implementation rather than absence of law.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta said creation of criminal offences falls within the legislative domain and courts cannot legislate or compel Parliament and state legislatures to enact laws.
The Bench observed that constitutional courts can interpret the law and issue directions for enforcement of fundamental rights, but cannot step into the law-making role.
“At the highest, the court may draw attention to the need for reform. The decision whether and in what manner to legislate remains within the exclusive domain of Parliament and the state legislatures,” the court said.
The court held that the field of hate speech is not legally vacant and said concerns arise mainly from poor enforcement of existing provisions.
It also noted that the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides a comprehensive mechanism to set criminal law in motion, meaning there is no legislative vacuum.
Referring to remedies already available under the earlier Code of Criminal Procedure (CrPC) and the BNSS, the court said police are duty-bound to register an FIR when a cognisable offence is disclosed, as laid down in the Lalita Kumari judgment.
It said if police fail to register an FIR, an aggrieved person can approach the Superintendent of Police under Section 154(3) of CrPC or Section 173(4) of BNSS, and thereafter move the magistrate under Section 156(3) CrPC or Section 175 BNSS, or file a private complaint under Section 200 CrPC or Section 223 BNSS.
The Bench further held that an order directing investigation under Section 156(3) CrPC does not amount to taking cognisance under Section 190 CrPC or the corresponding Section 210 of BNSS.
Even while declining fresh directions, the court acknowledged the seriousness of the issue.
It observed that hate speech and rumour-mongering directly affect fraternity, dignity and constitutional order.
The Bench urged legislative authorities to consider whether further policy or legal measures are needed in view of changing social challenges, including suggestions made in the 267th Report of the Law Commission in 2017.
The judgment came in a batch of petitions arising from events dating back to 2020, when multiple pleas were filed over alleged communal narratives spread through television channels and social media.
Among the earliest cases were challenges relating to content described as the “Corona Jihad” campaign and a programme aired by Sudarshan TV titled “UPSC Jihad”. During those proceedings, the court had restrained further telecast of the programme.
Later, more petitions were filed over speeches made at religious gatherings described as “Dharam Sansad” events.
These included pleas moved by journalist Qurban Ali and Major General S.G. Vombatkere seeking action against alleged hate speeches made at such forums.
During the pendency of the matter, the Supreme Court in 2023 had issued major directions asking all states and Union Territories to act proactively in cases involving communal hate speeches or remarks hurting religious sentiments.
It had directed police to register FIRs suo motu, without waiting for formal complaints.
Later, contempt petitions were also filed alleging poor implementation of those earlier directions.
